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LONGMANS, GREEN, & CO., NEW YORK. 



THE PUBLIC LIFE OF 
JOSEPH DUDLEY 

A STUDY OF 

THE COLONIAL POLICY OF THE STUARTS 

IN NEW ENGLAND 

1660-17 15 



BY 



EVERETT KIMBALL, Ph.D. 

M 

ASSOCIATE PROFESSOR OF HISTORY IN SMITH COLLEGE 



LONGMANS, GREEN, AND CO. 

FOURTH AVENUE & 30TH STREET, NEW YORK 

LONDON, BOMBAY, AND CALCUTTA 

191I 






Copyright, 1911, 
By the President and Fellows of Harvard College. 



NorfajDOl! i^rraa 

J. 8. Gushing Co. — Berwick & Smith Co. 

Norwood, Ma88., U.S.A. 



©CI.A292003 



PREFACE 

KThe officials sent to New England by the Stuarts were 
L harshly dealt with by the early historians of Massachusetts. 
Some attempts have been made to rehabilitate Andros and 
Randolph, but little has been done for Joseph Dudley, whose 
career was longer than that of any other official in early 
Massachusetts. It is not, however, the purpose of this 
monograph to meet the criticisms of Dudley's character ; 
his personality, indeed, though interesting, was singularly 
unlovely. I have rather attempted to examine the Stuart 
colonial policy and to set forth the practical political prob- 
lems connected with its application in New England, and 
to show the parts played by the various agencies connected 
with its development. I have viewed Dudley as an EngHsh 
official charged with the execution of the English policy, 
and although taking into consideration his personality, I have 
investigated more particularly the problems and difficulties 
which faced all royal officials in New England at that period. 
Joseph Dudley was chosen partly because he has been so 
savagely attacked, but largely because in a study of his 
career I was able to touch all the New England colonies 
and New York as well, and to cover the period from the 
first imposition of the Stuart policy upon New England until 
the accession of George I. 

I wish to acknowledge the kind assistance that has been 
extended to me by the authorities and officials of the Library 
of Harvard University, the Smith College Library, the 



Vi PREFACE 

American Antiquarian Society, the Hampshire County Bar 
Association ; and the officials in charge of the Massachusetts 
Archives, the British Museum, the Privy Council Office, 
the Public Record Office, and the Society for the Propaga- 
tion of the Gospel in Foreign Parts in London, and the 
Bodleian Library of Oxford University. Acknowledgments 
are also due to Professor C. M. Andrews of Yale University, 
who kindly put his expert knowledge of the English archives 
at my disposal while I was carrying on the investigation of 
the English material. Especial acknowledgments are due 
to Professor A. B. Hart of Harvard University, under whose 
direction a dissertation was prepared upon the same subject 
and offered in partial fulfilment for the requirements of the 
Degree of Doctor of Philosophy in 1904. But, above all, 
I am under the greatest obligations to Professor Edward 
Channing, who first suggested the subject and under whose 
direction the early investigation was carried on, and who has 
given freely of his time in reading and criticising the manu- 
script and proof. 

EVERETT KIMBALL. 

Smith College, April, 1911. 



CONTENTS 



CHAPTER I 



PAGE 



The Early Life of Joseph Dudley and the Loss of the 

Massachusetts Charter, 1660-1686 i 

CHAPTER II 

The Temporary Policy of the Restoration: Joseph Dud- 
ley President of the Massachusetts Council, May to 
December, 1686 22 

CHAPTER III 

New England Regulated : Joseph Dudley and the Rule 

of Andros, 1686-1689 39 

CHAPTER IV 

Scheming for Office: Joseph Dudley Member of the Coun- 
cil FOR New York, Deputy-Governor of the Isle of 
Wight, Member of Parliament, 1689-1702 ... 57 

CHAPTER V 

Joseph Dudley Governor of Massachusetts : Parliamentary 

Relations with the General Court 76 

CHAPTER VI 

Joseph Dudley Captain-General of Massachusetts : Mili- 
tary AND Indian Affairs 100 

vii 



viii CONTENTS 

CHAPTER VII 

PAGE 

Dudley's Relations with the Colonies of New Hampshire, 

Rhode Island, and Connecticut 134 

CHAPTER VIII 

The Currency and Banking Problems during Dudley's Ad- 
ministration AS Governor 157 

CHAPTER IX 
Dudley's Fight to retain Office 175 

CHAPTER X 
The Motives of Dudley's Actions 204 

APPENDICES 

A. Royal Commission to Joseph Dudley, Governor of the 

Province of Massachusetts Bay in New England, 
April i, 1702 211 

B. List of Authorities Cited 219 

Index 230 



THE PUBLIC LIFE OF 
JOSEPH DUDLEY 

CHAPTER I 

THE EARLY LIFE OF JOSEPH DUDLEY AND THE LOSS 
OF THE MASSACHUSETTS CHARTER 

1660-1686 

The life of Joseph Dudley falls between the period of the 
settlement of New England and the American Revolution. 
His public career did not begin until Charles II had been on 
the throne for more than ten years; and most of his asso- 
ciates were men of the second generation, who faced new 
conditions and were called upon to solve other problems than 
those of the first planters. The material condition of Mas- 
sachusetts had also changed. Commerce had flourished, 
wealth had increased, and a party devoted to the preserva- 
tion of these interests had arisen and was strongly opposing 
the leaders of the first generation of settlers, who recalled 
the time when Massachusetts existed independently of both 
crown and commonwealth. By birth and training Joseph 
Dudley belonged to the party of independence; but his 
career was a direct contradiction to his inheritance, and was 
spent in a consistent endeavor to realize the aims of the 
moderate party of the seventeenth century, which developed 
into the loyalist party of the eighteenth. This is the key 
to his political activity, and he should be judged by the aims 



2 THE PUBLIC LIFE OF JOSEPH DUDLEY 

of this party rather than by the ideals of the first planters. 
This policy, too, explains his strength and his weakness, 
which made him at once influential in England and the most 
hated man in the colonies, — a man of great ambitions, who 
from the point of view of the party of independence has been 
justly termed a traitor, but whose real aims have been too 
little understood. 

Joseph Dudley was born in Roxbury, September 22, 1647, 
the son of Thomas Dudley, the second governor of Massa- 
chusetts, who was over seventy years of age when Joseph, 
his fourth son, was born.^ The stern and intolerant char- 
acter of the father was not inherited by the son ; nor did he 
receive much training from his father, who died, leaving him 
a child of four years. His mother soon married the Reverend 
John Allen, minister of the church in Dedham, with whom 
Joseph lived and who was responsible for his upbringing. 
He received as good an education as the colony afforded, and 
was graduated from Harvard College in 1665 with the inten- 
tion of becoming a minister, like his stepfather. Deciding, 
however, to enter the field of pohtics, he was made a free- 
man of the Massachusetts Bay Company in 1672,^ and the 
next year was elected to the General Court as representative 
from Roxbury,^ from which town he was returned every year 
imtil 1676. During the war with Philip he was chosen one 
of the commissioners to accompany Major Savage in his 
attempt to hold the Narragansetts in obedience, and was 
also present at the destruction of the Narragansett stockade, 
where the power of the Indians was broken.^ It was possibly in 

* Savage, Genealogical Dictionary, ii. 76 ; Dean Dudley, History of the Dudley 
Family, 162. 

^ Massachusetts Colony Records, iv. pt. ii. 585. 
•' Ibid. 550. 

* Hutchinson, History of Massachusetts, i. 273. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 3 

recognition of his services there that he was elected to the Court 
of Assistants (the upper house of the Massachusetts legisla- 
ture)/ to which he was returned every year, with the excep- 
tion of 1684, until the charter of the Company was revoked. 

Meanwhile his position was strengthened by the marriage 
of his sisters. One, Anne, much his senior, had married 
Simon Bradstreet, the leader of the moderate party and the 
last governor of the Company under the first charter. An- 
other had married Major-General Denison, who consistently 
supported his brother-in-law and was known as a prerogative 
man. Dudley himself married the daughter of Edward 
Tyng, who was an Assistant for over twelve years and later 
sat in the Council of his son-in-law. Thus, through inherited 
prestige and connections by marriage, Dudley exercised con- 
siderable influence. The position of Assistant was peculiarly 
suited to show his abilities as an administrator, and he was 
frequently put upon committees.^ In 1676 he was one of the 
committee appointed to draw up an answer to the king's 
letter; from 1677 to 1681 he served as one of the commis- 
sioners for the United Colonies ; in 1679 he was on committees 
appointed to revise the laws and to determine the boundaries 
between the colonies of Massachusetts Bay and New Plym- 
outh. He was also frequently chosen to treat with the 
Indians, in deahng with whom he showed such skill and 
gained such insight and knowledge of their habits that his 
reputation as an Indian negotiator, though recognized in 
England, was regarded with suspicion by the colonists. 

The conditions in Massachusetts and Boston were chang- 
ing. The purposes of the original planters had hitherto 
been the ideals of the governors and the people. The aims 

' Massachusetts Colony Records, v. 77. 
^ Ibid. 100, 237, 244, 270, 315, 329, etc. 



4 THE PUBLIC LIFE OF JOSEPH DUDLEY 

of the clergy and the magistrates, generally working in har- 
mony, had prevailed, and had governed the morals and the 
political policy of the colony ; and the stern idealism of Win- 
throp or Endicott had overborne the opposition of any who 
were inchned to substitute their own poHtical or material 
interests for the ideals of the founders. But now, on the one 
hand, England was coming into closer touch with the colony, 
attempting to enforce her rule, and at the same time offer- 
ing material advantages to men who were willing to accept 
this control. On the other hand, Massachusetts was no 
longer completely dominated by the old clerical party. The 
population was increasing more from natural causes than 
by the immigration of those bitterly opposed to England, 
and many men of the second generation who had not experi- 
enced persecution in England were wilhng to assent to some 
closer relations with the mother country. The colony, more- 
over, was prospering and increasing in wealth; trade was 
becoming more important, and was not only adding more 
resources to the community, but was arousing new ideas and 
influences; and as the stake of the colonists was larger they 
grew more cautious and less ready to risk their increasing 
prosperity in open conflict. In addition, there was a dis- 
satisfied element in Massachusetts which had suffered at the 
hands of the colonial government. Many of this class had 
attempted to gain redress from England; but hitherto Eng- 
land had been able to give them little effective aid. From 
1660, however, the government of the Restoration was will- 
ing to listen to these complaints and ready to give active 
help in enforcing its judgments, thus strengthening the hands 
of the party which was opposed to the old independent gov- 
ernment. 
Although these conditions might be found in Boston, the 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 5 

country towns were less influenced by increasing wealth and 
new ideas. In them the old simplicity of life and austerity of 
thought and manners still remained, and the old spirit and 
ideals of the founders of the Puritan commonwealth were kept 
alive by the almost unchallenged influence of the clergy. Thus 
a conflict was inevitable, and the field of the struggle was the 
General Court. Although there were no legal distinctions in 
the qualifications for membership in the two branches that to- 
gether formed this body, yet the freemen naturally chose as 
Assistants the more experienced, the better educated, or those 
best fitted to act in an administrative capacity. For the rep- 
resentatives they selected men whom they knew, inhabitants 
of the towns they represented, who were acquainted with and 
reflected the opinions of their constituents. Thus it happened 
that in the Court of Assistants there were many men of wealth 
and position amenable to new ideas and influences, while in 
the House of Representatives the country party, which re- 
flected the old ideas, was most numerous. This distinction 
between the houses is the key to many of the political di- 
visions of the period, — to the hesitancy that was displayed 
during the last years of the charter government, and to many 
of the conflicts during the administration of Dudley. 

The restoration of the Stuarts marks a change in the method 
in which England exercised control over her American colonies. 
Before the great civil war, both James I and Charles I had 
appointed committees of the Privy Council to regulate the 
colonial trade.^ With the rise and supremacy of Parliament 
during the war this control was assumed by Parliament, and 
a commission was appointed headed by Robert, Earl of War- 
wick, as governor-in-chief of all the colonies. In 1655 a 

^ For an exhaustive treatment of this subject, see Andrews, British Com- 
mittees, Commissions, and Councils of Trade and Plantations, 1622-1675. 



6 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

larger board was established, consisting of councillors, judges, 
ofificials, and merchants, which busied itself chiefly with the 
regulation of colonial commerce. With the restoration in 
1660 the crown and Privy Council once more assumed control 
of the colonial policy. This control was first directed by two 
advisory bodies, — one a committee of the Privy Council for 
Foreign Plantations,^ the other an advisory council for trade, 
composed of prominent men and some of the members of the 
Privy Council.^ In 1674, however, this system of dual boards 
was abandoned, and a standing committee of twenty-four 
members of the Privy Council was appointed, which was 
known as the Lords of Trade.^ This body was continued, 
with various changes in its personnel, until 1696, when Wil- 
liam III organized a Board of Trade consisting of the great 
officers of state and eight commissioners, among whom were 
William Blathwayt and John Locke, who had been active in 
colonial affairs in the reign of Charles II ; and this board was, 
in turn, continued by Anne, under whom it became an active 
and efficient body. It was with the Lords of Trade, just 
established at his entrance into public life, that Dudley had 
relations for nearly forty years, — a board on which sat some 
of the ablest men in England, who from experience, observa- 
tion, and careful study had developed ideas concerning colonial 
control which they tried to make effective in New England. 
It is not surprising, nor is it to Dudley's discredit, that he was 
influenced by these men and their ideas ; nor should the fact 
that their aims differed from the desires of many persons in 
Massachusetts be sufficient to condemn them and cause 
Dudley to be regarded as a traitor. 
The Stuarts had a threefold policy. Their first object, 

1 New York Colonial Documents, iii. 32-34. 
*Ibid. 30-32. ^Ibid. 228-229. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 7 

undisguised mercantilism, was to unite England and her 
colonies in closer commercial relations, — to incorporate the 
trade of the colonies in the commerce of the empire and utilize 
their resources to increase the prosperity of the mother coun- 
try. The colonial navigation laws, in which this policy is 
embodied, had their origin in the commonwealth ; but their 
provisions were reenacted and extended in a series of five 
acts passed between 1660 and 1696.^ The net result of these 
acts was to prohibit the direct trade of the colonies with 
Europe, but at the same time to admit them to a share in the 
commerce of Great Britain. After the freedom which they 
had enjoyed, these restrictions seemed burdensome; for the 
colonists were by no means ready to abandon the lucrative 
trade that had grown up with France, Spain, and the Canaries. 
A second object of the policy of England was to ''regulate" 
the colonial governments, or, in other words, to make their 
laws and procedure like those of England. The result of this 
regulation would have been to make the colonies more de- 
pendent on England and to increase the influence of the king ; 
but at the same time, such a policy would have put an end 
to the illegal practices which had grown up in America. The 
third object was to settle the religious and political disputes 
that were rife in the colonies, to protect those whom religious 
opinions had debarred from political rights, and to put an 
end to the conflicting claims of the various colonies, and 
particularly to those rights which Massachusetts exercised 
over Maine and New Hampshire. To accomplish these 
aims, and also to utilize the military resources of the colonies, 
the Lords of Trade, after repeated attempts to control the 

^Statutes of the Realm, v. 246-250, 394-395, 449-452, 792-793, vii. 103-107; 
Channing, "The Navigation Laws," American Antiquarian Society, Proceed- 
ings, New Series, vi. 160-179. 



8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

various independent jurisdictions, sought to make their will 
effective by a union of all the New England colonies and a 
centralization of the authority of England. This later object, 
it will be seen, was realized only for a short time under the 
administration of Andros ; but the difficulties which Eng- 
land experienced in her attempts to assert her political, com- 
mercial, and military control led her administrators again 
and again to turn their thoughts to this method. Dudley 
himself had come to see the need of colonial cooperation even 
before he was brought into contact with the Lords of Trade ; ^ 
and, as his ideas developed with wider experience, he became 
one of the strongest advocates of this feature of the English 
policy. 

Even before Dudley began his public life, the king had 
attempted to carry out his plans. In 1664 a commission was 
sent to Massachusetts to hear complaints and to enforce the 
judgments of the crown ; but it accomplished nothing save 
to stir up bitter feeling. Agents were sent to England by 
Massachusetts, but they neither won the contentions of the 
colony nor surrendered its privileges. An open conflict 
seemed imminent when England became involved in a series 
of wars, and the struggle was postponed for a decade. In 
1676 the king was again ready to enforce his policy, and sent 
a messenger to Massachusetts, ostensibly to carry a letter 
directing the government to send agents to England to explain 
its conduct in Maine and New Hampshire, but also to report 
upon the religious, commercial, and military conditions of 
the colony and the temper of the people. The messenger 
chosen was Edward Randolph, a connection of the Mason 
family, the proprietors of New Hampshire, a man who had 

1 Dudley to Secretary Allen of Connecticut, February 6, 1681, Toppan, 
Edward Randolph, i. 139, note. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER g 

been employed by the king on confidential affairs, and a 
personal friend and correspondent of William Blathwayt, 
clerk of the Privy Council.^ From this time he becomes one 
of the central figures of New England, the agent of the crown, 
the enemy of Massachusetts, and the ally of Dudley, It iS' 
to be noted, moreover, that the first appearance of Randolph 
coincides with the entrance of Dudley into the Court of Assist- 
ants, a position notably congenial to the latter and one well 
suited to his abilities, but also one where he would be under 
the influence of the party least dominated by the aims of the 
early settlers and most ready to guard the material interests 
of the colony. 

Randolph's reception by the governor and magistrates was 
not of such a nature as to lead him to regard the loyalty of the 
colony very favorably,^ and he allowed his temper to color 
some of his observations. In general, however, he followed 
his instructions faithfully,^ and, allowing for exaggerations 
in his estimates of population and resources, he makes few 
actually false statements ; yet his whole report put the colony 
in an unfavorable light and greatly overestimated the inde- 
pendence of Massachusetts. He certainly gave a false im- 
pression when he wrote, ''No law is enforced or esteemed 
there but such as made by the General Court," and again, 
''There is no notice taken of the acts of navigation or any 
other of the acts of trade ;" but it must be admitted that an 
agent of the admiralty might justly believe that such was the 

1 Toppan's Edward Randolph, published by the Prince Society, contains a 
most valuable memoir of Randolph and a collection of the important documents 
connected with this period. Two additional volumes of papers have been pub- 
lished by the same society, edited by Rev. A. T. S. Goodrick, who in his in- 
troduction throws new light upon Randolph's personal character. See also 
Channing, History of the United States, ii. 159-160. 

^ Toppan, Edward Randolph, ii. 216. ^ Ibid. 196. 



lo TEE PUBLIC LIFE OF JOSEPH DUDLEY 

case. Randolph misjudged as well the relative strength of the 
parties, and greatly overestimated the influence of the moder- 
ate element which he found represented in the Court of Assist- 
ants. He was shrewd enough, however, in his judgment of 
individuals, and correctly reported that the "most popular and 
well principled men ... in the magistracy " were Denison, 
Bradstreet, and Dudley ; ^ but he did not realize that the 
temper of the representatives and the country people was as 
unyielding as ever. In his association with the malcontents 
and men of moderate principles he lost sight of the real temper 
of the people. 

The open and avowed purpose of Randolph's coming was to 
call upon Massachusetts to defend her conduct in Maine and 
New Hampshire.^ These territories had been given by a 
series of vaguely defined grants to Sir Ferdinando Gorges and 
to Captain John Mason, neither of whom had been successful 
in his attempts to colonize the region. The growth of Massa- 
chusetts and the dispersion of her settlers peopled these terri- 
tories with colonists more in harmony with the Puritan gov- 
ernment of Massachusetts than with the royalist proprietors 
in England ; and as a result of settlement, aggression, and 
negotiation these regions were included in the jurisdiction of 
Massachusetts. At the Restoration the heirs of both Gorges 
and Mason appealed to the Lords of Trade, and one of the 
imsuccessful objects of the commission of 1664 had been to 
settle this question. As a pretext to bring the whole conduct 

' Randolph to Coventry, June 17, 1676, Toppan, Edward Randolph, ii. 203- 
209; Randolph to the king, September 20, 1676, ibid. 216-225; Randolph's 
report to the committee, October 12, 1676, ihid. 225-259; the king to "the 
government of Boston," March 10, 1675-1676, ibid. 192-194. 

2 A. S. Batchellor, in his edition of the Laws of New Hampshire, i. pp. xxix 
et seq., gives a brief discussion of this subject, together with extracts from the 
Massachusetts records. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER ii 

of Massachusetts irnder review, the Committee took up these 
complaints and directed that agents from the colony should 
appear before it. The General Court complied, and WilHam 
Stoughton and Peter Bulkley were sent with instructions which 
allowed them to defend the course of Massachusetts in New 
Hampshire and Maine, but directed them to plead absence of 
instructions to all other complaints.^ 

Before the agents reached England, Randolph arrived 
there and stirred up as much hostility as possible against 
them. He repeated the general charges of disobedience, and 
urged the very efl&cient method which was afterwards adopted, 
that of questioning the validity of colonial land titles.^ The 
Lords of Trade reported that the only way to bring the colony 
to terms was for the king to appoint a royal governor and 
thus make void the colonial charters ; ^ and the law officers of 
the crown, whose opinion was received May i6, 1678, held that, 
although the charter was still good, the misdemeanors of the 
colonists were sufficient to make it void. * Not only, therefore, 
did the agents see the possibility that a governor might be 
sent, but the colonial merchants resident in England expected 
the appointment of one.^ By pleading the want of instructions, 
however, the agents contrived to ward off this catastrophe. 

Shortly after the agents arrived in England, the judges to 
whom the conflicting claims to Maine and New Hampshire 

^ Massachusetts Colony Records, v. 113-116. 

'^ Representations of Randolph, May 6, 1677, Toppan, Edward Randolph, ii. 
265-268. 
' Ibid. 297. 

* Ibid. iii. 4. A year before the chief justices Raynsford and North, in dis- 
cussing the claims of Massachusetts to Maine and New Hampshire (see note 
I, below), reported that the Massachusetts charter made "the Adventurers a 
corporation upon the place." 

* Blinman to Increase Mather, August 9, 1678, Massachusetts Historical 
Society, Collections, 4th Series, viii. 335. 



12 THE PUBLIC LIFE OF JOSEPH DUDLEY 

were referred decided that neither Mason nor Massachusetts 
had any good claim to the government of New Hampshire, 
a decision which left the settlers directly dependent upon the 
crown. The title to Maine, was, however, they decided, 
vested on the heirs of Gorges.^ It was now rumored that the 
kmg was in negotiation with these heirs in an attempt to buy 
Maine with the intention of uniting it with New Hampshire, 
and forming a single province for his favorite Monmouth. 
In order to forestall such a calamity, the agents made a suc- 
cessful effort and purchased Maine for £1250, a proceeding 
which the king took 'Very ill,"^ from this time on showing 
active personal hostility toward the colony. To counteract 
this state of things, the agents received new instructions from 
home. They were directed to enlarge upon the services of 
the colony in gaining New England from the French and 
the Dutch, and upon the lucrative trade of that region; 
but their bargain for Maine was approved, and the purchase 
money was voted. They were to report that the colony prom- 
ised to amend its conduct in certain particulars ; but the 
legahty of the navigation laws was questioned on the ground 
that "The subjects of his Maj*'*'^ here not being represented 
in Parliament, so wee have not looked to ourselues to be 
impeded in our trade by them." They were not to allow, 
through any concession of theirs, that "any least stone should 
be put out of the wall " of the charter ; but they were directed 
to report that the oath of allegiance had been taken by the 
magistrates, and that the arms of the king were to be "carved 
by an able artist, & erected in the court house." ^ These 

1 Calendar of State Papers, America and West Indies, 1677-1680, No. 342. 

2 Board of Trade, Colonial Entry Book (Ms.), 106, p. 8. 

* For the address to the king, the declaration of the government, and the 
instructions to the agents, see Massachusetts Colony Records, v. 197-203. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 13 

slight concessions and ingenious instructions rendering the 
longer stay of the agents useless, they petitioned to return; 
and the Committee, recognizing the futihty of continuing 
negotiations, allowed them to go, but wrote a letter demand- 
ing new agents with more satisfactory instructions.^ The 
men chosen for this new mission were Joseph Dudley and 
John Richards.^ 

The acceptance of this agency was the turning-point in 
Dudley's career. Hitherto he had been respected and honored 
in New England ; he had filled many offices of trust, and his 
skill, honesty, and ability had never been questioned. It is 
true that he did not always receive the largest number of votes 
in the choice of Assistants, but his name stood well up on the 
list ; and he represented the moderate party in Boston, 
rather than the extreme unyielding party of the country towns. 
Now he was called to undertake a difficult and almost hopeless 
mission. The career of a colonial agent was not such as to 
attract ambitious men, nor was the reward received sufficient 
to compensate for the loss of prestige. Cotton Mather, writ- 
ing in 1702, stated the case correctly when he said, "Such has 
been the jealous disposition of our New-Englanders about 
their dearly bought privileges, and such also has been the 
various understanding of the people about the extent of those 
privileges, that of all the agents, which they have sent over 
unto the Court of England, for now forty years together, I 
know not any one, who did not at his return, meet with some 
very froward entertainment among his country-men."^ In 
the present instance it was almost a forlorn hope which Dudley 
was called upon to lead. Randolph's reports had poisoned 
the minds of the Lords of Trade, the competition of the colony 

1 Toppan, Edward Randolph, iii. 44. 

2 Massachusetts Colony Records, v. 346. ' Mather, Magnolia, i. 270. 



14 THE PUBLIC LIFE OF JOSEPH DUDLEY 

with the London merchants had alienated some natural 
political allies/ the purchase of Maine had angered the king, 
and the long-continued resistance of Massachusetts had made 
further defence difficult. 

Notwithstanding the fact that the agents went well recom- 
mended, a hostile reception was prepared for them. Governor 
Hinckley of Plymouth commended Dudley to B lath way t, 
secretary of the Lords of Trade,^ thus laying the foundation 
of an alliance which proved an object of suspicion to the 
colonists, but an advantage to Dudley. Randolph, however, 
did all that he could to render the mission fruitless. To Sir 
Leoline Jenkins, secretary of state, he wrote, "Nothing these 
Agents promise may be depended upon" ; ^ and to the Bishop 
of London, "Major Dudley is a great opposer of the faction 
heere . . . who, if he finds things resolutely manniged, will 
cringe and bow to anything ; he hath his fortune to make in 
the world, and if his Majesty, upon alteration of the gov- 
ernment, make him captain of the castle of Boston and 
the forts in the colloney, his Majesty will gaine a popular 
man and obleidge the better party. ... As for Capt. 
Richards, he is one of the faction, a man of meane extrac- 
tion, ... he ought to be kept very safe till all things 
tending to the quiett and regulation of this government be 
perfectly settled."'' 

The "faction" to which Randolph referred was the party 
in the General Court bent upon resistance, composed largely 
of representatives from the country towns, but led by men 
like Danforth, the deputy-governor, Elisha Cooke, and Elisha 

^Andrews, Colonial Self-Government, 259-260; Calendar of Slate Papers, 
America and West Indies, 1675-1676, No. 881. 

2 Hinckley to Blathwayt, May 26, 1682, Massachusetts Historical Society, 
Collections, 4th Series, v. 65. 

' Toppan, Edward Randolph, iii. 142-144. * Ibid. 145-149. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 15 

Hutchinson. For this faction Randolph had the greatest con- 
tempt, and believed it to be the source of all the opposition to 
his plans. His estimate of Dudley, though not complimen- 
tary, was in the main justified by his subsequent relations 
with him. Dudley was an opposer of the faction, in that he 
belonged to the moderate party ; but his nature was so pliant 
that he would often seem to surrender the contention tempo- 
rarily in order to gain his purpose ultimately. The charge 
that he had his fortune to make may be taken as referring to 
his well-known ambition ; but whether at this date he had made 
any positive agreement with Randolph is open to doubt. It 
is true that a passage in one of Randolph's letters to the Lords 
of Trade, in which he says that Dudley "will give a sight" of 
his instructions,^ may seem to imply some compact ; yet there 
is no other evidence, and such an act on Dudley's part would 
have been quite in accord with his conception of his functions, 
— namely, to put an end to the misunderstandings between 
England and Massachusetts, 

At first the General Court resolved to try the use of money, 
and directed the agents to tender Lord Hyde two thousand 
guineas for the king's private use ; but the attempt recoiled 
upon them, and Dudley wrote to Bradstreet, "Truly, sir, if 
you was here to see how we are ridiculed by our best friends 
at court ... it would grieve you." ^ "Sir, it is a hard service 
we are engaged in," wrote Richards to Increase Mather.^ 
The Lords of Trade were openly hostile; they ordered the 
agents to produce a commission empowering them to consent 
to any alteration of the charter, and advised the king to pro- 

^ Ibid. 172. 

^ February, 1682, quoted in Hutchinson's History of Massachusetts, i. 303, 
note. 

^August 21, 1682, Massachusetts Historical Society, Collections, 4th Series, 
viii. 494. 



1 6 THE PUBLIC LIFE OF JOSEPH DUDLEY 

ceed by a writ of quo warranto} "The truth is," wrote 
Richards, September 25, 1682, ''our case is come to a Crisis. 
They are resolved here of their way, and put us to a hard 
choice ; either to empower }>sons here fully instructed & com- 
missionated, to accept of such Regulations of our Government 
as shall be propounded, &c., or else a Quo Warranto will within 
4 monethes proceed against our Charter." ^ Both Dudley and 
Richards saw that their mission was doomed to failure, and 
were using all their efforts to bring about their recall. To cap 
the climax, however, Randolph was ordered to return to Eng- 
land ''to attend upon the further progress of the business of 
New England."^ 

The feeling in the colony was now one of despondency. 
Even the "faction" expected that very Uttle could be done, 
for Nowell, one of its leaders, wrote to Richards, "I am 
heartily sorry for both of you that your part is like to be so 
hard : it will be hard to do that w*"^ shall be pleasing either in 
Old Engld or in New" \^ and again, "I have httle expectation 
that all we can or shall do will put a stop to the Quo Warranto ; 
for if we doe not give you power, it will go on, if we do give 
you the power required, & you do not make use of it to our 
p'judice, the Quo Warranto will still go on ; but if you do make 
use of the power to answer demands, we do then pull downe 
the house ourselues, which is worse than to be passive only." ^ 
Nevertheless, new instructions were sent which allowed the 
agents to consent to such alterations "as may consist w*^ 
the majne ends of our predecessors in their removall hither 
our charter, and his maj'yjes government here setled accord- 

1 Board of Trade, Colonial Entry Book (Ms.), 107, p. 56. 

2 Massachusetts Historical Society, Collections, 4th Series, viii. 496. 
^ Toppan, Edward Randolph, iii, 207. 

* November 9, 1682, Massachusetts Historical Society, Collections, 5th Series, 
i. 431. * March 28, 1683, ihid. 434. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 17 

ing therevnto," but not to consent to any infringement of the 
religious liberties or present constitution of the General Court. 
As a last resort they were allowed to surrender Maine, but 
were cautioned to "be slow in tendring the Prouince of 
Majne."^ As might have been expected, these instructions 
were inadequate, and the Committee, "finding the Agents not 
duly impowred by their Commission to consent to such regu- 
lation of their Government as shall bee thought fit according 
to His Ma*^'® directions, Doe agree to Report that M'' At- 
torney bee Ordered to bring a Quo Warranto against the 
Privileges of their Charter." ^ This marked the end of the 
agents' usefulness in England, and when they petitioned to 
be allowed to return, their request was granted. 

This agency was, indeed, the crucial point of Dudley's 
career. When he got home he found himself an object of sus- 
picion and hatred. In a Boston town-meeting, the people, 
under the lead of Mather and Nowell, declared that he and his 
friends Bradstreet, Stoughton, and Bulkley were enemies to 
the country, and resolved to change the magistrates at the 
next election.^ The truth is, however, that no action of the 
agents could have prevented the issuance of the quo warranto. 
Delay, evasion, and defiance had exhausted the colony's means 
of defence and the Committee's patience. The futility of the 

^ Massachusetts Colony Records, v. 386-392. 

* Toppan, Edward Randolph, iii. 234. 

* In January a town meeting was held to choose jurymen, and the king's 
declaration was there published. Then "Nowell stood up and declared that 
those which were free to deliver up their charter and Right to the Country 
should hold up their hands. . . . And when the freemen were to vote by 
holding up their hands not one man held up his hand, w"** caused one of the 
Freemen to hold up both hands and with Long acclamations cryed out, the 
Lord be praysed. . . . Mather stands up and exhorts the people telling them 
how the forefathers did purchase it, and would they deliver it up even as Ahab 
required Naboth's vinyard. . . . They might see Examples enough before their 
Eyes meaning the City of London and their Neighbouring Country of Pascata- 



l8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

mission was clear to Dudley and his colleague, and was recog- 
nized by many of the leaders at home ; but on their return 
Richards, forgetting his experience in England and his own 
discouraging reports, sided with the faction in the House of 
Representatives and urged further resistance to the commands 
of the king. Dudley was more consistent; he better under- 
stood the temper of the Committee, and boldly advised the 
colony by speedy submission, to make the best terms possible.^ 
As a result, Richards was regarded as a patriotic man, while 
the hatred of the people was concentrated on Dudley and he 
was dropped from the Court of Assistants. 

Dudley's hands, however, were not absolutely clean. Al- 
though there is not evidence enough to convict him of the 
avowed intention to betray the charter, yet it is known that he 
and Randolph discussed the probable form of government 
after the charter should be overthrown.^ This conversation, 
to be sure, took place after the issuance of the quo warranto; 
yet it showed a readiness on Dudley's part to accept a result 



qua. ... It is resolved that upon the 7 day of May next being the day 
of election, there bee a New Go' and new Magistrates declaring Gov' Brad- 
street, M"^ Stoughton, M"^ Dudley, M"^ Bulkley and one more w*^ are Enemies 
to the Countrey. It is resolved their EUections to be such as to haue Govn"" 
and Magistrates to be Unanimously and its thought they designe to opose 
any power from the King." — Abstract of a letter from Boston, March 14, 
1684, given by Randolph to the Lords of Trade: Board of Trade, Papers, 
New England (Ms.), 53, No. 51. 

'Toppan, Edward Randolph, iii. 273. See also a letter (signed by Brad- 
street, Bulkley, Saltonstall, Russell, Stoughton, Dudley, Browne, and Gidney, 
March 23, 1684) to Sir Leoline Jenkins, stating that the majority of the magis- 
trates "declared for submission, and would have despatched our agents em- 
powered to make that submission. But we cannot obtain the assent of the 
deputies." — Calendar of Slate Papers, America and West Indies, 1681-1685, 
No. 1603. 

2 Randolph to Southwell, August 19, 1683 : "I have spent some tyme with 
M'. Dudley one of their present Agents Endeavouring to accomodate things 
for their future settlment. . . ." — Toppan, Edward Randolph, iii. 262. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 19 

hateful to those who had intrusted him with their interests. 
From this time on, at any rate, Dudley and Randolph worked 
in harmony, Randolph pushing on the suit in England, Dudley 
advising submission at home, and at the same time seeking 
to mitigate the severity of the punishment which he felt sure 
would be inflicted upon the colony. In a long letter to Sir 
Leoline Jenkins, he says that he has endeavored "to assure this 
people that his Majestyes Just satisfaction & this peoples 
good were the same & not a different interest," and that as a 
result he has lost his office and is regarded as an enemy to the 
country. This attitude he attributes not to the body of the 
people, but to certain persons who have influenced them, and 
begs that "no severities may be used towards them as will 
spoyle the growth of these plantations & thereby greatly 
disadvantage his Majestyes revenues & his Majestyes other 
plantations in the West Indies that have great dependence 
upon this place, & his Majestyes commands for their future 
settlement may be accompanied & Introduced with his Gra- 
tious pardon, assurance of his peoples propertyes & Indulgence 
in Matters of religion, which will greatly oblidge this people 
in their obedience & advance the good opinion & confidence of 
his Majestyes undeserved Grace & favor for them." ^ Whether 
this letter expressed Dudley's sincere desire, or was only a 
shrewd bid for future favors from England, it is hard to de- 
termine ; yet it is typical of his later policy, which was obedi- 
ence and close dependence upon England, coupled with a 
genuine desire to protect and improve the condition of the 
colony. Probably at this date, as in his later career, Dudley 
felt himself to be the man to bring about this harmony and 

^ Calendar of State Papers, America and West Indies, 1681-1685, No. 1670. 
The original from which this quotation is made is in the Board of Trade's 
Papers, New England (Ms.), 53, No. 92. 



20 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

prosperity, and in order to gain his ends he did not hesitate to 
use the influence of a man so hated as Randolph. In this aim, 
he was successful; for Randolph wrote, " I am extreamely solici- 
tous that Mr. Dudley might have the sole Gou* of N. Eng*^." ^ 
The proceedings against the colony in the court of King's 
Bench were, by advice of Attorney-General Sawyer, trans- 
ferred to Chancery, where upon a writ of scire facias, to which 
the colonists did not plead, the charter was declared vacated, 
October 23, 1684.^ To the disappointment of Randolph, 

^ Randolph to Samuel Shrimpton, July 26, 1684, Massachusetts Historical 
Society, Collections, 4th Series, viii. 526. 

2 The "Exemplification of the Judgment vacating the Charter" is printed 
in the Massachusetts Historical Society's Collections, 4th Series, ii. 246. At a 
later date Randolph wrote, "By the assistance of M"^ Brent of the Temple, 
their solicitor, they obtained a report from Sir Thomas Powys ... in their 
favour, that their former charter was illegally vacated" (Randolph to the Lords 
Committee, May 29, 1689, New York Colonial Documents, iii. 578). Pro- 
fessor Joel Parker, in his lecture on "The Charter and Religious Legisla- 
tion in Massachusetts" {Lowell Institute Lectures on the Early History of Massa- 
chusetts, 400), says, "The assumption to enter a decree, that a charter . . . 
which had existed more than half a century, should 'be vacated, cancelled, and 
annihilated,' on account of usiurpations, which, in case of ordinary corporations, 
may be a subject for proceedings by writ of quo warranto in the King's Bench, 
and especially to do this upon a writ issued to the sheriff of Middlesex, in Eng- 
land, under such circimistances that there could be neither service nor notice, 
— would be of itself a usurpation." Charles Deane, in Winsor's Memorial 
History of Boston, i. 378, quoting the above, comes to a like conclusion. On 
the other hand, Blackstone {Commentaries on the Laws of England, book iii. 
260) says, "Where the patentee hath done an act that amounts to a forfeiture 
of the grant the remedy to repeal the patent is by a writ of scire facias in Chan- 
cery"; and Bouvier {Law Dictionary, ii. 960), citing the same, declares that 
the crown may by its own prerogative repeal by scire facias its own grant." 
Brooks Adams {Emancipation of Massachusetts, 213-215), citing a letter from 
Robert Humphreys, counsel for the colonists, does not question the legality of 
the proceedings ; and Humphreys himself apparently acquiesced when his plea 
"of the impossibility of hauing a return from you in the time alloted" was 
overruled by the lord keeper. Whether the charter was justly vacated or not 
is not the question ; the method taken was a proper one to use in vacating a 
charter, and the decree in Chancery stood and was legally binding until 
reversed by some higher authority. 



EARLY LIFE — LOSS OF MASSACHUSETTS CHARTER 21 

however, Colonel Elirke was appointed governor, a choice 
which Randolph vehemently opposed. He wrote to Sir 
Robert Southwell and to the Bishop of St. Asaph urging the 
unfitness of a military man, and of Kirke in particular, and 
advising that a native of the country be appointed. Randolph 
at last succeeded in bringing the EngHsh authorities to his 
point of view, and led them to adopt a plan which he had in 
mind since 1681, when he had sent to Jenkins proposals for the 
settlement of New England, his plan being to proceed against 
the Company by a writ of quo warranto, and then to have the 
king issue a commission for a temporary government, accom- 
panied by a declaration of free pardon, security of property, 
and freedom of religion.^ Other work was found for Kirke to 
do ; and Randolph, now that the point was gained, was jubi- 
lant and took all the glory to himself. To Sir Robert South- 
well he wrote, "I have gaind ye point & am carriing over with 
me a Commission for a Temporary Go"* : I hope it wiU 
succeed & the rather because they have been putt in a terrible 
fright with the apprehentions of being committed to y® Guar- 
dianship of Cott Kerk."^ The temporary government gave 
Randolph what he hoped would prove to be a lucrative post, 
and made Joseph Dudley president of the Council and chief 
executive not only of Massachusetts, but of a large part of New 
England as well. 

^ Goodrick, Edward Randolph, 89. 

2 August 29, 1685, Toppan, Edward Randolph, iv. 40. 



CHAPTER II 
THE TEMPORARY POLICY OF THE RESTORATION 

Joseph Dudley, President of the Massachusetts 
Council 

May to December, 1686 

The revocation of the Massachusetts charter was but the 
first step in the accomplishment of the Stuart policy towards 
New England. It was not an act of tyranny prompted by 
spite and maHce, but a part of a well-defined scheme to mini- 
mize the particularistic tendencies of the colonies and to in- 
crease their dependence on England. To direct intercolonial 
affairs, to enforce the laws of England and carry out her com- 
mercial policy, to establish the national church while recog- 
nizing the peculiarities of colonial dissent, — in short, to treat 
the colonies as if they were an integral part of the British 
realm, these were the aims of the Stuart policy. Men of 
broad experience and communities of wide interests might see 
little that was hurtful in such designs ; but the average man 
whose outlook was confined to New England regarded them 
as acts of tyranny. Here and there, it is true, men of larger 
experience, whose views extended beyond New England, — 
men like Dudley and Stoughton, — might welcome the 
change ; but in general the people, under the lead of men like 
No well and Danforth, could see only the loss of the ideals of 
the former generation. And the present generation differed 
from the founders of Massachusetts. When the charter was 



PRESIDENT OF MASSACHUSETTS 23 

threatened, in 1635, preparations were made for resistance ; 
the ports were fortified, and men were willing to stake their all 
in the struggle. In 1685 there was no thought of open resis- 
tance ; sullen acquiescence and apathy were the most that was 
displayed. 

The revocation of the charter was, moreover, the easiest 
part of the policy of the Stuarts ; it had been accomplished in 
England by legal process, and it had not been contested by 
the colonists. The remainder of the policy must be carried 
out in New England by officials appointed by the crown. 
Randolph's successful work was done. He had succeeded in 
overthrowing the charter and clearing the ground for the 
wider designs of the king. That he had done this for selfish 
reasons, by means of exaggeration and misrepresentations, 
does not detract from the effectiveness of his work ; nor should 
the fact be forgotten that, largely because of his representa- 
tions, the government was not intrusted to an Englishman 
like Kirke, but to a native of Massachusetts who thoroughly 
understood her history and peculiarities. 

It was fortunate for New England that Dudley had made 
his choice of parties and had seen no disgrace in trying to 
serve both the king and Massachusetts. Had he inherited his 
father's stern and unbending nature, he might have become 
one of the leaders of the "faction," and under his direction a 
more determined resistance might have provoked England to 
take even stronger measures. As it was, both England and 
Massachusetts profited by his abilities. He so utilized the 
support of Randolph, and the interest of Sir Robert South- 
well, Sir Leoline Jenkins, and perhaps of other EngHsh offi- 
cials, that he, rather than an Englishman, was chosen to carry 
out the policy of royal control, thus saving Massachusetts 
from the usual type of colonial governor. He was ambitious 



24 THE PUBLIC LIFE OF JOSEPH DUDLEY 

for position and power for himself and anxious for the pros- 
perity of the colony; and in the brief period of his first ad- 
ministration he disappointed the greedy self-seekers like 
Randolph, and gave Massachusetts a just government. 

On October 23, 1684, the judgment against the Massachu- 
setts charter was formally entered in Chancery.^ At once the 
Lords of Trade began to prepare plans for the control of New 
England and to make preliminary drafts of the commissions 
and instructions for Colonel Kirke.^ Before these could be 
perfected, however, Charles II died, and in the confusion 
which followed the accession of his brother James II and the 
disorders of Monmouth's rebellion, the affairs of the colonies 
were held in abeyance. Hence it was not until September that 
Randolph could accomplish his purpose and gain a commission 
for Joseph Dudley.^ Still further delays kept him in England 
till January, 1686, when he finally sailed for Boston, arriving 
there May 14. 

Unofficial information of the dissolution of the Company had 
reached Boston early in 1685 ; ^ but, aside from the framing of 
futile appeals to the king, nothing was done. Although the 
government had no legal standing, it was continued until the 
exemplification of the judgment against the charter should be 
formally delivered. The regular elections to the General 
Court took place ; but such was the apathy and so small the 
attendance, that it was necessary to urge some of the towns 
not to neglect to send deputies "at their perrill," and to call 
the "ruend elders" of the several towns to a special confer- 
ence."^ At the next election, May 12, 1686, Dudley was 

^ Massachusetts Historical Society, Collections, 4th Series, ii. 246. 
^Toppan, Edward Randolph, iii. 332. 

» Board of Trade, Colonial Entry Book, New England (Ms.), 61, pp. 252-258. 
* Massachusetts Historical Society, Collections, sth Series, viii. 300. 
^Massachusetts Colony Records, v. 492. 



PRESIDENT OF MASSACHUSETTS 25 

again dropped from the Court of Assistants, and Stoughton 
refused to serve. 

Two days later Randolph landed in Boston, bringing with 
him the exemplification of the judgment against the charter, 
and the commission for the new government. He at once 
went to Roxbury to consult with Dudley concerning his pro- 
cedure. The judgment and the commission were shown to a 
few of the Council, through whom the news spread ; so that 
on the following Sunday, Mr. Willard prayed "not for the 
Governour or Government, as formerly; but spake so as 
implied it to be changed or changing. It seems Mr. Phillips 
at the Old Church prayed for the Governour and Deputy 
Governour." ^ Together Randolph and Dudley drew up the 
summons to the members of the Council and made ready to 
assume the government.^ The members of the General Court, 
though long prepared, made no resistance, but contented 
themselves with trying to persuade Dudley not to accept the 
commission,-^ and so to keep the government in their own 
hands. Failing in this, they broke up, "with hopes that 
either some unhappie accident in affairs of state at home, or 
by dissension raised by their artifices among the members in 
this new government, they might pervaile so far as to dissolve 
this new constitution and then reassume the government, 
which to accomplish they are solissitouse."* 

Dudley himself had some doubts as to his reception. Early 
on the day set for his inauguration he sought the counsel of 

1 Sewall's Diary, May 16, 1686, Massachusetts Historical Society, Collections, 
Sth Series, v. 138. 

^ The summons to John Winthrop is printed ibid., 6th Series, iii. 474. 

' Sewall's Diary, May 18: "Mr. Phillips had very close Discourse with the 
President, to persuade him not to accept : 'twas in Mr. Willard's Study Mon- 
day afternoon just at night. Mr. Stoughton and Mather there too." 

^Randolph to the Archbishop of Canterbury, July 7 (?), 1686, Toppan, 
Edward Randolph, iv. 88. 



26 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Increase Mather, and later in the day wrote to him that he 
never wanted his favor and advice so much, and desired that 
he might explain the reasons for his procedure at this crisis.^ 
Unable to gain so valuable an ally, he put on a bold front 
and met the Old Court. Entering from the left with several 
of his Council, he took his seat on the bench and addressed the 
members of the old government, who were seated on the 
north side of the chamber. He greeted them as "considerable 
gentlemen of this place and Inhabitants of all parts of the 
countrey," and informed them that he could no longer deal 
with them as the Governor and Court. He then displayed 
the exemplification of the judgment against the charter and 
the commission for the new government. He offered to show 
them his instructions from the king and letters from the Lords 
of Trade, but hoped that they would not argue about the 
commands contained in them. He disclaimed any intention 
of harboring thoughts of revenge because of the injuries he had 
received, and assured them that although no address of the 
Governor and Court could come to the ears of the king, yet 
he and his Council would assist in getting a hearing in Eng- 
land for what "they know requisite for this peoples good."^ 

Danforth then said, "I suppose you expect no reply from 
the Court?" To which Dudley answered, "I know no 
Court here in being till the Kings Court be in order and 
setled ; and it will incurr the Kings displeasure so to under- 
stand yourselves and I suppose what I now speak is the mind 
of the rest of the Council here present."^ The president and 
the Council then retired, while some of the old government 
spoke their minds. Some urged a protest ; but others, SewaU 

1 Hutchinson, History of Massachusetts, i. 315 note. 

^ Massachusetts Historical Society, Proceedings, 1863-1864, p. 487. 

3 Ibid. 



PRESIDENT OF MASSACHUSETTS 27 

among them, feeling "that the foundations being destroyed 
what can the Righteous do," advised acquiescence in the present 
conditions. ^ 

Three days later, on May 20, the Court passed a resolution 
replying to Dudley's address and criticising his commission. It 
declared that the commission contained no determinate rule for 
the administration of justice ; that the subjects were abridged 
of their hberties as Englishmen both in the matter of legisla- 
tion and in the laying of taxes ; indeed, that all the privileges 
of the subject were transferred to the president and Council, 
"there being not the least mention of an assembly. . . . And 
therefore wee thinke it highly concernes yow to consider 
whither such a comission be safe, either for yow or us ; but 
if yow are so sattisfied therein as that you hold yourselues 
oblejdged thereby, and do take vpon you the government of 
this people, although wee cannot give our assent thereto, yet 
hope shall demeane ourselves as true & loyall subjects to his 
maj*'', and humbly make our addresses vnto God, &, in due 
time, to our gracious prince, for our relief e." ^ This protest 
was read in Dudley's Council on June i, when it was ordered 
that Rawson, who signed the paper as secretary, should be 
examined about the "libellous paper ;^" but, so far as the 
record shows, nothing was done. This was the only protest 
made by the Court or by an assembly of the people, and the 
new government was quietly established, as was ordered by 
the commission. 

The commission on which the government of Massachusetts 
was based first recited the fact that the old Company was dis- 

1 Sewall's Diary, May 17, 1686, Massachusetts Historical Society, Collec- 
tions, 5th Series, v. 139. 

^Massachusetts Colony Records, v. 515. 

'"Dudley Records," Massachusetts Historical Society, Proceedings, 2d 
Series, xiii. 237—238. 



28 THE PUBLIC LIFE OF JOSEPH DUDLEY 

solved, and appointed a president and council of seventeen, 
seven of whom should make a quorum for the transaction of 
business. ^ As has been seen, Joseph Dudley was appointed 
president ; and the Council included his brother-in-law Brad- 
street, his father-in-law Tyng, his friend and confident Stough- 
ton, Wait, and Fitz-John Winthrop, and other members of 
the "honest" party. ^ 

That an appointed council should replace an elected assembly 
was characteristic of the policy of the Stuarts ; but the terri- 
torial jurisdiction assigned to the Council was still more signifi- 
cant of their plan for the regulation of New England. By the 
fall of the Massachusetts charter the way was paved for the 
union of most of the New England colonies. New Hamp- 
shire, already directly dependent upon the king, was united 
to Massachusetts ; and the territory of Maine, the purchase 
of which had so angered Charles II, was added to the jurisdic- 
tion of the new government. That part of Rhode Island west 
of Narragansett Bay known as the King's Province was also 

^Massachusetts Historical Society, Proceedings, 1863-1864, p. 487; also 
Board of Trade, Colonial Entry Book, New England (Ms.), 61, pp. 252-258. 
Professor Herbert L. Osgood, in his American Colonies in the Seventeenth 
Century, gives the most extended modern account of the temporary govern- 
ment. 

*0n May 29 Randolph wrote to Blathwayt, "This acquaints you that the 
25 following the pres^'. and 14 of the Councill matt at Boston and taking the 
oathes were entred upon the Gom' : M'^ Champernoon : was so much indis- 
posed that twas not possible for him to come to Boston : Butt old M' Brad- 
street and his son wholy refused to accept the Commission as a thing contriued 
to abridge them of their libertye and indeed against Magna Charta : and Mr 
Saltenstall also diserted vs." (Goodrick, Edward Randolph, 171). At the first 
meetings of the Council the attendance never fell below nine, but on June 13 
only Dudley, Stoughton, Usher, and Randolph were present ; however, noth- 
ing but formal business was transacted. On three other occasions less than a 
quorum appeared, but at these meetings there was no business of importance. 
In two instances the records show the insertion of the same name twice in 
order to make up the needed quorum. See "Dudley Records," Massachusetts 
Historical Society, Proceedings, 2d Series, xiii. 226 et seq. 



PRESIDENT OF MASSACHUSETTS 29 

annexed. With the decrees against Massachusetts, Randolph 
also brought notice of quo warranto proceedings against Rhode 
Island and Connecticut ; and it was planned to absorb Plym- 
outh, which never had a royal charter. Thus the territorial 
policy of England stands out clearly, — to disregard the old 
charter boundaries and to unite the several colonies in one 
jurisdiction. Though this policy was initiated in the adminis- 
tration of Dudley, it is more clearly seen in that of Andros, 
when Plymouth, Rhode Island, and Connecticut were actually 
absorbed and New York was attached to New England. 

The powers of the Council also show very clearly the con- 
trast between the highly centralized ideas of the Stuarts and 
the democratic constitution of New England. In the first 
place, it was an appointed council instead of an elective 
assembly; but some care was taken to see that the various 
colonies were represented. For example, Edward Tyng and 
Francis Champernowne were from Maine, Robert Mason and 
Thomas Hicks from New Hampshire, and Fitz-John Winthrop 
represented the King's Province; the rest of the members 
were from Massachusetts, and included the former governor 
Bradstreet, with six of the former Assistants, Stoughton, 
Bulkley, Saltonstall, Pyncheon, Tyng, and Gidney. This 
apparently fair representation loses much of its force when it 
is noted that all of the councillors were from one party in the 
Court of Assistants, and that at the last election only three of 
the number had been returned. To this Council was given 
all judicial, military, and executive power. It could hear and 
try civil and criminal causes, allowing appeals to England in 
cases involving more than three hundred pounds, and it could 
erect inferior courts. It had no legislative power, nor could 
it levy new taxes ; but it could collect the old ones and was 
intrusted with the expenditure of the proceeds. Liberty of 



30 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

conscience was granted to all, and it was promised '' that such 
especially as shall be Conformable to the rites of the Church of 
England shall be particularly Countenanced and encouraged." 
In short, its powers were not unlike those which the old Court 
of Assistants had possessed. In the former case, however, 
the magistrates owed their office to annual election, while the 
present Council was appointed during the pleasure of the king. 

On May 25 the new Council held its first meeting. Dudley 
made a long speech in which he bespoke the cooperation of all 
loyal people, promised to make few alterations in the govern- 
ment, and those as "plain and easie" as possible, and again 
disclaimed all thoughts of revenge because of his late injuries.^ 
The government was then proclaimed with considerable 
festivity, the health of the king, and the prosperity of the 
administration being drunk in wine to the cost of twenty-one 
pounds.^ 

The first sessions of the Council were spent in reorganizing 
the military and judicial system of the colony and providing 
for the support of the government.^ In so doing, Dudley 
fulfilled his promise to make as few alterations as possible. 
There were not many changes among the newly appointed 
justices of peace or militia officers, the most important removal 
being that of Danforth from his position as president of the 
Council of Maine, while Wait Winthrop was made commander 
of the castle in Boston, in place of Bulkley, who was unable 
to serve. Practically the former system of courts was con- 

1 "Dudley Records," Massachusetts Historical Sodtty, Proceedings, 2d Series, 
xiii. 226. 

^ Ibid. 269. 

^Ihid. 230-237, May 26-28, 1686. A. S. Batchellor, in his edition of the 
Laws of New Hampshire, i. 810-827, reproduces a facsimile of an early folio of 
the orders passed by Dudley's Council; these, with additions and notes, are 
also printed, ibid. pp. 100-142. 



PRESIDENT OF MASSACHUSETTS 31 

tinued, with the substitution of the President and Council for 
the Governor and Assistants ; but, according to the directions 
of the commission, appeals to England were allowed, — an 
innovation in Massachusetts. Stoughton was appointed 
deputy-president and chief justice. Although the form of 
the courts remained the same, there was much more system 
and carefulness of procedure : a probate court was established 
in Boston, and a record of births, marriages, and deaths was 
ordered to be kept. Since the commission did not allow the 
levying of new taxes, the old excise and custom duties were 
continued, and a system of judicial fees was also established.^ 

The posts of collectors of the ports and clerks of the county 
courts were great prizes on account of the fees attached to 
these offices. In Boston, much to Randolph's disgust, Dudley 
appointed his son Thomas, "a stripling of 16 yeares old," 
as collector, and added some of Randolph's perquisites to the 
office.^ In Maine and New Hampshire, however, Randolph 
had freer hand, and sold the right of exercising these functions 
to deputies for the sum of ten pounds a year.^ These and other 
positions were all filled with men "well affected to his Maj*^^, 
the cheifest whereof being Members of the CounciU."^ 

In the executive and administrative relations with the 
territories under his control, Dudley and his Council accom- 
pUshed some really constructive work. The Indians of New 
Hampshire and Maine were induced to renew their treaties of 
friendship, though there were signs of an approaching out- 
break of hostilities.^ The Narragansett country, the King's 
Province, was visited by Dudley on June 23, and he held there 

^ "Dudley Records," 241-243. 

2 Randolph to Southwell, July 10, 1686, Toppan, Edward Randolph, iv. 91. 

'"Dudley Records," 261. 

* Toppan, Edward Randolph, iv. 81. 

* Palfrey, History of New England, iii. 503. 



32 THE PUBLIC LIFE OF JOSEPH DUDLEY 

a formal court in which he published his commission, admin- 
istered oaths, and appointed militia commanders.^ The 
courts of justice were reorganized,- long-inherited disputes 
were settled, and an eflEicient government in that turbulent 
and disputed region was established. This work, peculiarly 
congenial to Dudley, was well done, and its effects were perma- 
nent ; indeed, whenever m his career Dudley had a fair oppor- 
tunity to exercise his administrative ability he was usually 
successful. 

As soon as the Council was fairly organized, it prepared an 
address to the king and a report to the Lords of Trade. To 
the king the councillors expressed their gratitude for granting 
freedom of religion, and prayed for further commands for 
"the more intire dependance of Your Majes*'^' Territory and 
Dominion upon Your Maj"''" Sacred Person, and the Crown 
of England for future times for ever."^ To the Committee 
they reported what they had done, and said that the militia 
was in the hands of those well affected to the government, 
"the cheifest whereof being Members of the Councill."^ 
But their real spirit is seen in the following instruction, which 
was voted in the Council but which does not appear in their 
report to the Lords of Trade : "That it will be much for his 
Maj^^^ service, and needfull for the support of the Govern- 
ment, & prosperity of all these Plantations, to allow a well 
regulated Assembly to represent the people in making needfull 
lawes and levyes."^ 

One of Randolph's most frequent complaints against the 
former government was that it did not tolerate the services of 
the Church of England. In order to rectify this defect, the 

1 Massachusetts Historical Society, Collections, ist Series, v. 246. 

^ Rhode Island Colony Records, iii. 200. 

^Toppan, Edward Randolph iv. 84. * Ibid. 80. »" Dudley Records," 244. 



PRESIDENT OF MASSACHUSETTS 33 

commission for the new government directed that special 
encouragement should be given to those who conformed to 
the Church of England. To minister to these, the Reverend 
Robert Ratcliffe, a clergyman of the Established Church, was 
sent to Boston with Randolph by the Bishop of London. 
Both Ratcliffe and Randolph expected that some notice would 
be taken of this act, and that Ratcliffe would have some offi- 
cial part in the inauguration ceremonies ; but he was ignored 
by Dudley, who more correctly judged the temper of the people 
and resolved to give as little offence as possible. Nor did 
the Council give Ratcliffe more encouragement : as there 
were but two churchmen on the board, — Mason, who soon 
went to England, and Randolph himself, — few favors were 
shown to the church. Ratcliffe first came before the Council 
and asked for a place in which to hold his services.^ Mason 
and Randolph suggested that one of the three churches in 
Boston be turned over to him; and when this was refused 
they obtained ''the East-End of the Town House, where the 
Deputies used to meet ; untill those who desire his Ministry 
shall provide a fitter place." ^ Thinking that toleration meant 
support, Randolph and Ratcliffe suggested that each of the 
three Boston churches should contribute twenty shillings a 
year for the support of Ratcliffe's ministry ; but the Council, 
finding that an amount equal to fifty pounds a year was raised 
among his auditors, decided that he should look to them for 
his support.^ Over this treatment, Randolph vented his 
spleen in a letter to the Archbishop of Canterbury, particu- 
larly blaming Dudley, of whom he says, "As to Mr. Dudley 
our President he is a N : Conformist minister & for several! 

' "Dudley Records," 253. 

^ Sewall's Diary, May 26, 1686, Massachusetts Historical Society, Collec- 
tions, 5th Series, v. 141. '"Dudley Records," 262. 



34 THE PUBLIC LIFE OF JOSEPH DUDLEY 

yeares preach'd in New Eng*^ till he became a Magistrate & 
So continued for many yeares, but finding his interest to faile 
amongst that party, sett up for a King's man, and when in 
London, he made his appHcation to my Lord of London and 
was liked of by some about his late Maj*'"^ person . . . [but] 
I find him very treacherous." ^ 

The people were greatly interested, and crowded to the town 
house when the first service was held on June 6, 1686.^ While 
the new ceremonies might attract the crowd, the ministers 
were alive to the intrusion, and exclaimed "ag* y® Common 
Prayer, calling it, mans Invention & there is more hopes that 
whoremongers & adulterers will go to heaven than those of 
y® C of Eng'^."^ Neither these harsh words nor the conduct 
of the Council improved Randolph's temper, and he did not 
scruple to multiply accusations. "They give encouragement 
to all phannatticks of all Sects & receive them from all places," 
he wrote to the archbishop.^ He reported that they had wel- 
comed Mr. Morton, an excommunicated minister, and planned 
to make him president of Harvard College ; and finally went 
so far as to accuse Dudley and his friends of appropriating for 
private ends funds entrusted to them for the evangelization 
of the Indians.^ 

Though the old government acquiesced in the change of 
rule, one of its last acts was to pass an order guarding its 
archives,^ and it was one of the unsuccessful attempts of 
Dudley's administration to gain possession of these records; 

' Toppan, Edward Randolph, iv. 103-110. 

2 Foote's Annals of King's Chapel, i. 42-51, contains an account of the 
organization of the church, and on page 44 gives a facsimile of the record of 
the first meeting, at which Benjamin Bullivant and Richard Banks were chosen 
churchwardens. 

^ Toppan, Edward Randolph, iv. 106. ^ Ibid. 131. 

* July 7 ( ?), 1686, ibid. 103-110. * Massachusetts Colony Records, v. 516. 



PRESIDENT OF MASSACHUSETTS 35 

but, though letters were despatched to Rawson, the secretary 
of the former government, and committees were appointed to 
receive the archives,^ the papers were not surrendered until 
the administration of Andros. The treasurer of the old 
government gave less trouble, and his accounts were received 
on July 17, 1686.^ 

The only open resistance that Dudley experienced came 
from a few isolated individuals, and these were dealt with 
shortly and sharply. Four men who failed to observe a fast 
appointed by the President and Council were called before 
the Council and forced to make submission and take the oath 
of allegiance.^ One John Gold of Topsfield was also summoned 
for speaking "seditious words" ; he was bound over and tried 
by the Superior Court, where he was found guilty and sen- 
tenced to pay a fine of one hundred pounds and to give a bond 
for his future good behavior. This sentence was afterwards 
reduced to twenty pounds, and finally Gold was discharged ; * 
but the lesson was well learned, for there is no further record 
of any seditious speaking, of which Dudley was at all times 
peculiarly suspicious. 

Dudley owed his position to Randolph, who entirely mis- 
judged his character. Randolph imagined that Dudley's 
willingness to serve the king and to profit personally by the 
change in government would give himself a free hand to 
make his fortune and to obtain a reward for the eleven years 
of difficult labor which he had performed. He thought that 
there should be a partnership for plunder between him and 
Dudley ; and when he found that the President intended to 

^"Dudley Records," 250, 271, 273, 281. 
^ Ibid. 235, 263. 

' Ibid. 262, 263, July 27, 30, 1686. 

* Ibid. 263, 264, 269, 276, July 30, August 5 and 25, September 25, Novem- 
ber 9, 1686. 



36 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

make his government as tolerable as possible for Massachu- 
setts his wrath knew no bounds. "I am treated by Mr. 
Dudley worse than by Mr. Danforth," ^ he wrote; and, to 
Randolph, Danforth was the arch-traitor to the king. He 
misjudged the character of both the President and the Council, 
who, while loyally attempting to carry out the commission of 
the king, were making as few changes in the spirit of govern- 
ment as possible. In his disgust, he wrote to Sir Robert 
Southwell that the government of Massachusetts was "still 
but y" Gov' & Company." 2 

His complaints and accusations were numerous. It has 
already been seen how he utilized the religious difi&culties to 
discredit Dudley. He went even further. He accused the 
President and Council of hampering him in the exercise of 
his duties as collector of customs.^ He asserted that Dudley 
was an accomplice of Captain George of the royal frigate Rose, 
in which Randolph had come to Boston, and that they were 
profiting at the expense of his perquisites and to the detriment 
of the royal revenue.^ The records show, however, that ports 
of entry were established and that ships were seized for break- 
ing the trade laws ; and it may be believed that under the eyes 
of the royal officials, the Massachusetts government was 
making some effort to carry out its instructions along these 
lines. Randolph's occasions for complaint were probably due 
to two circumstances. He had quarrelled with Captain 
George on their long five months' voyage from England, and 
George had started a cruel slander concerning Randolph's 
wife ; ^ George, moreover, was extremely sensitive concerning 

* Randolph to Blathwayt, July 28, 1686, Toppan, Edward Randolph, iv. 
97-100. 

^ July 10, 1686, ibid. 91-03- 

^ Randolph to the Lord Treasurer, August 23, 1686, ibid. 113. 

* Randolph to Blathwayt, as above. 

' Randolph to Southwell, July 10, 1686, ibid. 91-93. 



PRESIDENT OF MASSACHUSETTS 37 

his prerogatives and rebuked Randolph and his men for exceed- 
ing their authority.^ Furthermore, Dudley and his Council 
were forced to decide, in a question of jurisdiction, against the 
wishes of Randolph and to release a ship which he desired 
condemned.^ It is significant that these charges were not 
acted upon in England ; nor could those of Dudley's enemies 
who later attacked him most bitterly find any other evidence 
of such misdoing than these accusations of Randolph. 

In addition to the charges of non-enforcement of the trade 
laws and misappropriation of trust funds, Randolph also 
accused Dudley of engrossing great tracts of land.^ To this 
charge it is sufficient to note that there is no record that any 
lands were granted by the Council either to Dudley or to any 
of the members of his Council. On the contrary, Dudley 
petitioned for a large grant of land in New Hampshire, and 
this petition was referred to Andros for investigation.'* 

Taken as a whole, the government of Dudley and his Council 
was not "hard or grievous to bear." Few innovations were 
made ; for, in spite of their loyalty to the king, Dudley and 
his associates were men of Massachusetts, and as such were 
conservative. There may have been favoritism and nepotism, 
and perhaps cases of corruption; but the government was 
neither tyrannical nor cruel. In many ways the Council 
tried to soften its rule, as is seen in its petition for an assembly ; 
but the administration was hated because it rested not on the 
will of the people, but on a commission of the crown. Through- 
out his life this was the charge most often urged against 
Dudley, — that he had accepted an illegal commission. The 

1 Ibid. 

* "Dudley Records," 272. 

' Randolph to the Lord Treasurer, August 23, 1686, Toppan, Edward Ran- 
dolph, iv. 115. 

* Instructions to Andros, New York Colonial Documents, iii. 547. 



^8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

accusations of Randolph were soon dropped, but the people 
could never forget that Dudley had been the royal instrument 
for the overthrow of the charter. No matter how fair an 
administration he had given, he was hated as a tool of the king 
and a betrayer of the charter. 

It is interesting to compare the attitude of the people tow- 
ard Dudley with their feeling toward Stoughton. Stoughton 
had been an agent in England, and like Dudley had sought 
some office from Randolph when the government should be 
overthrown ; ^ but he had returned before the final assault 
upon the charter, had, in a measure, lived down his unpopu- 
larity, and now, though deputy-president, chief justice, and 
Dudley's confidant, he was thought by the people to be acting 
in their interests to keep out worse tyrants. Dudley, on the 
other hand, who was not more unsuccessful in England than 
Stoughton, but who had profited immediately by the change 
in government, was imiversally detested. As a matter of 
fact, it was Dudley's alliance with Randolph that had done 
much to save the colony from a man like Kirke and to put it 
under the rule of a native ; and his administration proved that 
such a government was easier to bear than one under a royal 
governor, even of the Andros type. 

1 Randolph to Stoughton, July i8, 1678: "... I feare therefore that I 
shall not gett a positive direction from the King as you intended, but feare 
not but I will gett you into some place of profitt & advantage. ... W' money 
I lay out in y' busines shall accoxmt at our next meeting. " Toppan, Edward 
Randolph, iii. 31. 



CHAPTER III 

NEW ENGLAND ' REGULATED 

Joseph Dudley and the Rule of Andros 
I 686-1 689 

The annulment of the Massachusetts charter was necessary 
because the colony was unwilling to submit to English legis- 
lation and control. The old government of Massachusetts, 
with its ideas of particularism and independence, could not 
be allowed to thwart the designs of the king and the Lords of 
Trade. The presidency of Joseph Dudley was also but a step 
in making those ideals effective in New England, and was but 
a temporary expedient. Dudley was chosen partly through 
the influence which he was able to exert upon the committee, 
and partly because, in the disordered condition of England, 
he seemed an easily available man. It was not the least point 
in his favor that he was a native of New England, for it was 
believed that imder such a one the people of Massachusetts 
would be more content to accept EngHsh control and dicta- 
tion ; but neither the form of government nor the territory 
over which he ruled was considered, by the Lords of Trade, 
as permanently settled. 

Dudley's commission was dated September 27, 1685, but 
his government was not inaugurated till May 17, 1686; and 
in June of that year a more comprehensive commission was 
issued to Sir Edmund Andros.^ Dudley's commission, as has 

^ Massachusetts Historical Society, Collections, 3d Series, vii. 139-149. 

39 



40 THE PUBLIC LIFE OF JOSEPH DUDLEY 

been seen, established a council which was an executive and 
judicial body, but possessed no power to levy taxes or to make 
laws; the system instituted by the commission granted to 
Andros perpetuated the idea of government by an appointed 
council, but with greatly enlarged powers. The new council 
was allowed to make laws, which must, however, be sent to 
England for approval ; and with the consent of the council 
the governor was instructed to "continue to Raise and Levy 
such Rates Taxes and Impositions, as are now or have lately 
been Laid," while new and additional ones were to be levied 
only after the consent of the king had been obtained.^ The 
other powers granted in this commission were not unlike those 
given to Dudley. Such a government might enable the king 
and the Lords of Trade to make their commands effective ; 
it would make possible many of the needed reforms; it would 
make Massachusetts truly a part of the dominions of the 
crown ; but it was entirely contrary to the political experience 
and habits of thought of the New Englanders. To ask a 
people accustomed to annually elected magistrates and an 
assembly, to surrender these privileges, was to doom such an 
experiment to failure. The powers granted to Dudley had 
seemed too great and too dangerous, and even some of his 
Council had desired an assembly; but the powers given to 
Andros seemed nothing less than tyrannical. 

In the two commissions granted to Andros in 1686 and 
1688,2 the territorial adjustment of the northern English 
colonies was completed. For ten years the question of their 
consolidation had been under discussion. Randolph's reports 
had shown the evils of having so many divided jurisdictions 

1 Andros's instructions of 1686, Laws of New Hampshire (ed. Batchellor), 
i. 1SS-168. 

2 Commissions and instructions, New York Colonial Documents, iii. 537-55°- 



THE RULE OF ANDROS 41 

and had advised their union under a governor appointed by 
the king. In the commission granted to Dudley a decided 
advance was made, for Maine and New Hampshire were 
united with Massachusetts. Even wider plans, however, 
were under discussion by the Lords of Trade ; and before the 
commission to Dudley was issued Randolph was ordered to 
prepare charges against both Connecticut and Rhode Island, 
with the purpose of vacating their charters by quo warranto pro- 
ceedings and uniting them to Massachusetts.^ A copy of the writ 
against Rhode Island was received by Randolph in 1686, and 
upon its service Rhode Island submitted to the crown.^ Con- 
necticut was able to take advantage of technicalities and so to 
postpone her submission. Owing to various delays two writs 
issued against her were outlawed before they could be served, but 
a third one, prepared October 23, 1686, was served in December 
of that year. Just before this, Andros arrived with instruc- 
tions to assume the government of Connecticut in case that 
colony should submit to the king. In 1687, after considerable 
correspondence, Andros and several of his Council went to 
Hartford, where on October 31 he took control of the govern- 
ment and the colony was annexed to his jurisdiction.^ The 
governor, Treat, and the secretary, Allyn, were added to the 
Council to represent Connecticut. But though all New England 
was brought under one jurisdiction, the Lords of Trade were 
not yet satisfied: their attention was turned to New York 
and the Jerseys. In 1688 the proprietors of the Jerseys sur- 
rendered their charters, and Dongan, governor of New York, 

1 July, 1685, Toppan, Edward Randolph, iv. 24. 

2 Rhode Island Colony Records, iii. iqo. On June 27, 1686, Randolph wrote 
to Povey, "I left with the Gon! of R : Island a Superannuated Summons of the 
Quo Warr ° . . . . They are a sad sort of Mortalls as you euer heard of." 
— Goodiick, Edward Randolph, 178-179. 

' Connecticut Colony Records, iii. 248. 



42 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

was superseded.^ A new commission was issued to Andros 
whereby he was made governor of practically the whole 
region north of the Delaware River, representatives from New 
York and New Jersey were added to his Council, and a single 
government was established for the whole region.^ The plans 
of the Lords of Trade were now complete, and they were ready 
to enjoy the advantages of their poUcy. 

From the Enghsh point of view, this policy was statesman- 
like and had many obvious advantages. To England the 
territory of the several colonies seemed small and their conflict- 
ing claims and jurisdictions petty. The Committee was 
weary of listening to disputes over boundaries and titles that 
were comparatively unimportant. It was difficult to deal 
with nine separate governments and to enforce a harmonious 
policy in five separate assemblies. A consolidation of these 
territories and the establishment of a government easily con- 
trolled by the crown seemed desirable. Not only would the 
petty disputes cease, but the administration of the law of 
England and her colonial policy would be effective. In 
addition, the military advantages were obvious. Already the 
crown had experienced difficulties in directing the military 
strength of the several colonies which augured ill for the 
future. Under this plan no such difficulties were anticipated, 
and it was expected that the government could direct the 
mihtary resources of the united colonies as its policy might 
demand. 

These very advantages, however, made the execution of 
the plan impossible in America. In all the New England 
colonies the governments were intensely democratic and de- 
pendent on the frequently expressed will of the people. In all 
there was a dread of executive usurpation. Each colony 
^New York Colonial Documents, iii. 550. ^ Ibid. 537-542. 



TEE RULE OF ANDROS 43 

was jealous of its own resources, and was unwilling, save under 
the greatest necessity, to employ its troops outside of its own 
borders. Each had a policy of its own which in few cases 
would coincide with that of England, and which, even in 
those cases, commended itself to the colonists not as the policy 
of England, but as their own. Further dependence upon 
England and English control was not desired by the great 
majority of the people; rather they wished greater freedom 
and independence to carry out their own ideals. Finally, 
the foundation of the New England colonies was the result of 
particularism, and each felt its own individuahty intensely. 
If the colonists themselves had failed to conquer their own 
prejudices and make the old New England Confederation 
permanent, it could hardly be hoped that a plan so alien to 
their thoughts as this could succeed. 

Thus far the policy of England had been successful because 
it had involved legal questions which had been decided by 
English judges. There was, moreover, enough doubt in the 
colonies to prevent open resistance until the results of this 
policy should be clearly seen. In order to utilize the advan- 
tages thus far gained much depended upon the choice of the 
governor and his advisers ; and in the appointment of Andros, 
the Committee displayed the same care which it had shown 
in the substitution of Dudley for Kirke.^ Sir Edmund Andros 
was, it is true, a favorite of James II ; but he was personally 
honest and incorrupt. He had been governor of New York 
and had first-hand knowledge of the situation in New Eng- 

' Whitmore {Andros Tracts, i. pp. xxiii-xxvii) was one of the first to attempt 
to defend the character of Andros from the charges of Palfrey and the older 
historians. Professor Osgood, in his American Colonies in the Seventeenth Cen- 
tury, iii. 393-415, reviews the administration of Andros in an equally favor- 
able light ; while Professor Channing, in his History of the United States, ii. 
173-185, from a fresh reading of the records takes a more severe view. 



44 THE PUBLIC LIFE OF JOSEPH DUDLEY 

land. He was a soldier, but not a cruel man, and in his 
former experience in New York and his subsequent adminis- 
tration in Virginia he displayed considerable liberality. He 
was not, however, broad-minded, but a practical man who, 
without tact and with little sympathy for the ideals of others, 
attempted to perform his duty, which, as he beheved, was to 
make the will of his superiors effective. It was not his per- 
sonal character, or his personal failings (though these were 
many), but rather the task which he was called upon to per- 
form, that caused the failure of the English policy in New 
England. 

With the arrival of Andros at Boston, December 19, 1686, 
Dudley's temporary administration came to an end. On the 
following day Sir Edmund took the oaths from Dudley, pub- 
lished his commission, and assumed control of the government.^ 

The Council consisted of twenty-seven men drawn from 
the territories under the jurisdiction of Andros, and included 
twelve of those who had been members of Dudley's Council. 
Seven was the number necessary for a quorum, but business 
could be transacted when there were only five present. From 
the records it appears that the largest council meeting was 
attended by twenty-one ; but that number was never again 
equalled. Usually the attendance consisted of Andros, 
Randolph, Dudley (who was absent from but three meetings), 
and Usher, the treasurer ; while Stoughton and Bulkley were 
ordinarily present and Wait Winthrop not often absent.*^ 

• December 20, 1686, "Andros Records," American Antiquarian Society, 
Proceedings, New Series, xiii. 240. 

2 That the enthusiastic welcome given to Sir Edmund was perhaps not alto- 
gether spontaneous may be gathered from the following extract from a letter 
of Randolph, December 22, 1686: "His Excellence was receiued at his Land- 
ing here with the Huzzaes of an innumerable company of poeple placed by the 
water side for his reception. " Goodrick, Edward Randolph, 207. 



THE RULE OF ANDROS 45 

Thus, the majority of those who were responsible for the 
government had been discredited by the colonists, but were 
regarded by Randolph as well affected ; they were the same 
men who were associated with Dudley in his administration. 
Of these men the colonists held Andros, Randolph, and Dud- 
ley responsible for the so-called ''tyranny" of Andros. This 
fact is significant as showing that, however much the constitu- 
tional theory of the government may have been questioned, 
it was the specific acts committed by the leaders that were 
most hateful to the people. 

As a member of Sir Edmund's government Dudley played 
an important part. He was constant in his attendance on 
the council meetings, and his advice and services were sought 
on all important matters. In his own administration a collec- 
tion and revision of the laws of the colony had been begun, and 
Andros soon put Dudley on a committee to continue this 
work.^ He was appointed on the important committee to 
prepare the revenue bill, and on the one to fix the fees for the 
judges.^ He was made chief justice of the Superior Court,' 
and censor of the press of the colony ; * he also served, as one 
of the judges, on the committee to prepare the bill to regulate 
the town meetings and the election of the town officers.^ Thus 
from his activities as a councillor it can readily be seen why 
the people hated and distrusted him ; but it was not so much 
his conduct as a legislator, in which Stoughton, Bulkley, and 
Winthrop were equally involved, as it was his acts as a judge 
in enforcing the laws passed that aroused the greatest' oppo- 
sition. 

As has been shown, the whole theory of the government of 
Andros was questioned by the people ; but in the operation of 
this government three points aroused bitter opposition. In 

*" Andros Records," 246. ^ Ibid. 2/^. ^ Ibid. 267. * Ibid. 24g. */6w/. 478. 



46 THE PUBLIC LIFE OF JOSEPH DUDLEY 

determining all of these, Dudley was the central figure. The 
question of obtaining a sufficient revenue for the support of 
the government was a vital one for the Andros administration. 
By his commission Andros was directed to levy taxes for this 
purpose; while by his instructions he was directed to "con- 
tinue to Raise and Levy such Rates Taxes and Impositions 
as are now or have lately been Laid . . . untill upon your 
further Examination and inquiry you shall represent unto us 
the Nature and quality of Such Rates, . . . how the same 
are Raised, . . . and what other Taxes may be Raised . . . 
as also what shall be necessary for the Support of the annuall 
Charge of Our Government there." ^ Technically there were 
no revenue laws in existence, as the General Court had voted, 
on October lo, 1683, that all laws for the collection of taxes 
should expire in 1684.^ Nevertheless, the imposts were twice 
extended for a year at a time and collected by Dudley;^ 
while the ordinary country rates were, in 1684 and 1685, 
levied as they had been previously to 1684,^ and were con- 
tinued by Dudley.^ All that Andros did was to continue these 
same laws. 

He was, however, in the "Narrative of the Proceedings of Sir 
Edmond Androsse and his Complices" (an ex parte statement 
prepared by some of his councillors after the overthrow of his 
government in 1689, possibly to extenuate their own share in his 
government), accused of putting through the tax bill without 
counting the votes ; ^ and in a letter to Cotton Mather, Dudley 

1 Laws of New Hampshire (ed. Batchellor), i. 158-159. 

* Massachusetts Colony Records, v. 414. 

^ Ibid. 438, 476; Whitmore's Laws of 16/2, p. 312; "Dudley Records," 
Massachusetts Historical Society, Proceedings, 2d Series, xiii. 241. 

* Massachusetts Colony Records, v. 454, 505. 
■• "Dudley Records," as above. 

^Andros Tracts, i. 140. 



THE RULE OF ANDROS 47 

asserts that he never assented to the tax bill.^ That there was 
opposition to this plan of continuing the former taxes the 
bare official records testify, for the bill was under discussion 
for more than a week in several council meetings at which 
never less than seventeen were present ; and the records also 
show that Stoughton and Hinckley tried to delay it under the 
*' pretence of having Some amendments."^ Their opposition, 
says Randolph, was but a part of the opposition of the landed 
class: "The Merch*f are for Land Taxes; but M' Dudley 
Stoughton and others who haue gott very large tracts of Land 
are for Laying all vpon the trading party." ^ Andros, however, 
was not unreasonable; he insisted that the taxes and rates 
which were "according to the printed Law title publick 
Charges" should be levied by the Council.^ 

The revenue collected according to the old law was not suffi- 
cient to defray the expenses of the government. Indeed, 
Andros had anticipated as much, and in accordance with his 
instructions had so reported to the king.^ In August, 1687, 
he was ready to make certain specific recommendations, 
which he sent to the king,® and on November 3 the following 
direction was sent to him : "We approve of your proceedings in 
respect of the revenue, as reported in your letter of 3 1 August, 
and direct you to carry your proposals for the increase of cus- 
toms and excise, etc., into effect."^ These proposals were 
incorporated into an act for additional revenue and imposts, 
and were passed at a meeting of which no records remain.^ 

1 Massachusetts Historical Society, Collections, 6th Series, iii. 501. 

* "Andros Records," American Antiquarian Society, Proceedings, New 
Series, xiii. 256. 

' Goodrick, Edward Randolph, 211. 

* "Andros Records," 256. 

* Calendar of State Papers, America and West Indies, 1685-1688, No. 1197. 

* Ibid. No. 1414. ^ Ibid. No. 1502. * Connecticut Colony Records, iii. 433. 



48 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Thus, although Andros may have been overbearuig and 
arbitrary in his dealings with his Council, it is hard to see 
anything illegal in his method of raising money for the support 
of the government; on the contrary, there is evidence of a 
desire to carry out his instructions in the face of opposition 
from the colonists. He continued the old rates in spite of the 
attempt of some to shift the burden of the taxes ; and levied 
additional ones only after he had laid his suggestions before 
the king and received permission to do so. 

It was Dudley's part in enforcing this bill which made him 
particularly odious to the people. John Appleton, a former 
Assistant, and the Reverend John Wise of the town of Ipswich, 
led the resistance. On the evening of August 22, 1687, the 
day before the town-meeting was to be held, several ol the 
inhabitants of Ipswich met at Appleton 's house "and there 
discoursed and concluded that it was not the Towns Duty 
any way to assist that ill method of raising Money without a 
general Assembly."^ Accordingly the next day the town 
refused to elect a commissioner to assist in levying the pre- 
scribed rate. As a result, Appleton, Wise, and four others 
were charged with contempt and tried before Dudley and 
Stoughton. In his examination of Wise, it is asserted, Dudley 
used the phrase that was destined to trouble him in his later 
career, "Mr Wise you have no more priviledges left you, than 
not to be sold for Slaves." ^ In accordance with his directions 
the jury rendered a verdict of guilty, and the prisoners were 
remanded to jail for three weeks and then heavily fined and 
put under bonds for future good behavior. Legally, Dudley's 
position was perhaps correct (though it is charged that the 
case was tried before a packed jury), and doubtless the colonists 

1 Andros Tracts, i. 83. See also Waters, Ipswich in the Massachusetts Colony, 
237-255. ^Andros Tracts, i. 85. 



THE RULE OF ANDROS 49 

needed some sharp lesson to make them realize their altered 
condition ; but it was unfortunate for Dudley that he should 
have been the person to teach his fellow-countrymen this lesson. 
No defence can be made for his overbearing manner or for his 
harshness in the examination of the prisoners. These unfortu- 
nate characteristics frequently hindered him in the execution 
of his duties and rendered him hated throughout the colonies. 
Since the commission of Andros contained no provision for 
a general colonial assembly, the only legal gatherings left for 
the people were their town-meetings. Whether a town in 
Massachusetts was, like Dorchester, foimded without the 
formal consent of the General Court, or, like the later towns, 
by the express and formal action of the Court, all of them con- 
sidered themselves communities incorporated by the General 
Court and possessing the rights of self-government, taxation, 
and jurisdiction over the lands within their limits. To an 
English lawyer these pretensions seemed illegal ; and techni- 
cally, the towns in Massachusetts, being created by a non- 
sovereign body, had no legal standing as corporations. Em- 
phatically this was true in the eyes of Andros and of his 
English associates on the Council. Therefore it is not strange 
that the governor attempted to "regulate" the towns, a pro- 
ceeding which greatly infringed upon their privileges. The 
duties of the towns in levying taxes were discussed by the 
Council, and jSnally, upon the report of a special committee of 
which Dudley was a member, a bill was passed making it un- 
lawful for a town to hold meetings except at designated times, 
and then solely for the purpose of electing selectmen and con- 
stables and a tax commissioner to assist in levying the rates 
voted by the Governor and Council.^ Thus the town-meet- 
ings were forbidden to criticise or discuss the conduct of the 

* Connecticut Colony Records, iii. 427. 



50 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Governor and Council, and by the election of a tax commis- 
sioner were forced to become allies of the government in the 
collection of taxes. 

But a still more serious attack was made upon the town 
system. Andros was directed by his commission to dispose of 
such lands "as now or hereafter shall be in our power to dis- 
pose of," and by his instructions was required to dispose of 
"other Lands Tenements and Heriditam'ts for which Our 
Royal Confirmation may be wanting." This clause was 
probably inserted in the instructions with a purpose, and its 
execution was designed to raise serious questions concerning 
substantially all the land titles in Massachusetts. Practically 
none of the landowners derived their titles from the king. 
An Indian deed or a grant from the General Court was the 
most that was thought necessary ; and even these tenures were 
not usual, the majority of the landholders deriving their titles 
from the grants of towns, corporations which, by English law, 
had no legal standing. In addition there were in many towns 
lands or commons held, not by any individual, but by the 
town in its corporate capacity. Andros and his advisers held 
that there were few valid titles in Massachusetts, and served 
writs of intrusion on various individuals to force them to take 
out patents and pay a quitrent. Moreover, his favorites began 
to petition for the common lands, which, they asserted, were 
illegally held by the towns. 

Dudley's position on this question was typical and consist- 
ent. He advised Andros that the clause in his commission 
referred only to waste lands, not to those held by individuals. 
He spoke openly against Randolph when he asked for Nahant 
Neck and Cambridge Common ; ^ but he had doubts concem- 

1 Dudley to Cotton Mather, June s, 1689, Massachusetts Historical Society, 
Collections, 6th Series, iii. 505. 



THE RULE OF ANDROS 51 

ing the legality of his own titles, and believed that in a court of 
law they would be held invalid. Yet in the Council he never 
voted to grant lands already occupied to any but their present 
owners. Unlike Sewall, who after many waverings and ques- 
tionings finally petitioned for the confirmation of his title,^ 
Dudley seems to have sought this security quite willingly ; ^ 
and in this course he was followed by some of the leading men 
in the colony.^ 

If the government of Andros was in direct contradiction 
to the political ideals of New England, the logical exercise of 
its powers was such as to render it intolerable ; nor was the 
temper of Andros or Dudley or their subordinates conciliatory, 
but rather harsh and overbearing, in the extreme. Although 
the news of the success of WilHam of Orange was known in 
Massachusetts in March, there was no open demonstration 
against Andros until the receipt of the ''Declaration" which 
William issued upon undertaking the invasion of England. 
By this he declared that "all Magistrates who have been 
unjustly turned out, shall forthwith ressume their former 
Employments." Although in all probability this clause 
applied solely to magistrates in England, "it imparted the 

1 See Sewall to Increase Mather, July 24, 1688, ibid., 4th Series, viii. 517; 
for Sewall's petition, ibid., 5th Series, v. 220-221. 

2 "Andros Records," American Antiquarian Society, Proceedings, New 
Series, xiii. 487. 

* In a note in Massachusetts Historical Society, Collections, 6th Series, i. 68, 
the legality of Andros's proceedings is argued. It would seem that he could 
have taken no other course, a fact recognized by Dudley, Sewall, Stoughton, 
and some of the leading men in the colony ; but the technical legality of his 
conduct does not diminish the selfishness of Randolph or the injustice done to 
the colonists. Andros and Dudley were trying to carry out the policy of Eng- 
land, which showed a "tendency to apply principles of law and methods of 
legal procedure which had been developed in England to its colonies, with a 
sublime disregard of the wishes of the colonists and of conditions which neces- 
sarily prevail in frontier settlements." — Channing, History of the United 
States, ii. 184. 



52 THE PUBLIC LIFE OF JOSEPH DUDLEY 

needed impulse to colonial revolt in that it gave or seemed 
to give a quasi-legal sanction to the rising."^ There was a 
general uprising in Boston. Andros, Randolph, and Captain 
George of the frigate Rose were seized and imprisoned, and 
the former government, with Bradstreet as governor, was 
reestablished. 

Dudley was, in the words of Danforth, ''in a peculiar 
manner the object of the people's displeasure."^ He was 
returning from holding court on Long Island when he was 
seized, brought to Boston, and confined in jail. He was ill 
at the time, and was therefore released on a bond for a thou- 
sand pounds given by Shrimpton, Paige, and Hutchinson on 
condition that he be "confined to his house at Roxbury till 
further Ord"^ not to go out of said house or the precints of his 
yard . . . except to the public worship of God on the Sab- 
bath."^ About midnight, however, a mob broke into his 
house and carried him back to the jail. The keeper, fearing 
that this high-handed act would involve him in difficulties, re- 
fused to receive him without a warrant from the magistrates. 
Unable to obtain this, the mob took him to the house of his 
niece, Mrs. Paige, where he was confined. Again his enemies 
came to search for him, but, though wrecking the house, failed 
to find him.^ His brother-in-law, Bradstreet, on whom the 
preservation of the peace devolved, then wrote to him : — 

"S^ The tumult in the town is So Great & so Suddene & 
no Reason will be heard or regarded, that I am necessitated 
earnestly to entrent you for ye Safety of yr Selfe & family 

* Channing, History of the United States, ii. 199. 

* Danforth to Increase Mather, quoted in Hutchinson's History of Massa- 
chusetts, i. 348, note. 

3 Board of Trade, Papers, New England (Ms.), 5, No. 21, iii. 

* Calendar of Stale Papers, America and West Indies, 1689-1692, No. 310. 



THE RULE OF ANDROS 53 

& well fare of ye whole country to yield quietly to yr present 
stresse which I hope you will never repent, 
have respect I pray to Your cordiall friende 

the glory of Gode the humble Serv' 

welfare of this people. S. Bradstreet." ^ 

Dudley, perhaps willing to secure his personal safety, com- 
plied with the request and was lodged in jail, where he re- 
mained for ten months, until the king ordered his release 
and transportation to England. 

When he arrived in London, he and his fellow-prisoners 
were confronted with a list of charges prepared by a committee 
of seven of the leading colonists.^ Dudley was accused of 
having committed no less than one hundred and nineteen 
illegal acts, the most frequent charge being that of proceeding 
illegally in the administration of justice. Associated with 
this charge was the exaction of excessive fines and fees. The 
first accusation may be easily dismissed; for, granting the 
legality of the commission of Andros, nothing illegal can be 
attributed to Dudley in the actions alleged. But though there 
was no illegality there was sufficient arbitrariness to account 
for the hatred of the people ; and it is significant that in his 
letter of defence, written while he was still in prison, to Cotton 
Mather, Dudley makes no apology for his conduct on the 
bench.^ In this letter, however, he denies that he was respon- 
sible for excessive fees, saying that he never gave a warrant 
for any, and that all were fixed by the Council. Here the 
records give absolute evidence to the contrary ; for Dudley was 
one of a committee of five to settle the fees, and it is prob- 

* Board of Trade, Papers, New England (Ms.), 5, No. 21, iv. 

* Andros Tracts, i. 149-173. 

* June 5, 1689, Massachusetts Historical Society, Collections 6th Series, iii. 
SOI. 



54 THE PUBLIC LIFE OF JOSEPH DUDLEY 

able that his influence as chief justice had great weight. He 
was, moreover, on the committees that settled and approved 
the fees granted to Randolph. Even if he were personally 
innocent, therefore, he was morally responsible for much of 
the system. 

The next group of charges refer to his presidency, the most 
important being that he accepted an illegal commission. How 
much weight this charge would have with the Lords of Trade, 
who themselves drew up the commission, may well be doubted ; 
and Dudley shrewdly answers that it was his duty to accept 
it, and that this was the opinion of several of the important 
people of the colony, since they took office with him, — an 
evident hit at Winthrop, who helped prepare the charges. 

He is next accused of having shown a malicious spirit in his 
letters before the loss of the charter, and to have plotted for 
its destruction. There is, however, no evidence that he 
plotted for the destruction of the charter or sought office be- 
fore the orders for the quo warranto^ were issued. On the 
other hand, he expressly denies this charge, and it has been 
shown from hostile evidence that he was working for the 
interests of Massachusetts until the case became hopeless. 
Even if the charge could have been substantiated, Dudley's 
willingness to accept office and to make effective the policy of 
the committee would have been a recommendation in its 
eyes; but the fact remained that the colonists could not for- 
give him for gaining advancement through their misfortunes. 

Several minor complaints were made against him for acts 
committed during his administration. Some of these have 
been mentioned and discussed ; but the charge most empha- 
sized was that he cheated the crown out of its just dues by 
false accounts. The only evidence offered for this accusation 
were the letters of Randolph already quoted ; but these were 



THE RULE OF ANDROS 55 

very dangerous weapons, for in the first place, they show 
that Randolph did not get as much plunder as he expected, 
and are therefore to Dudley's credit, and, secondly, Randolph 
himself was accused of being the accomplice of Dudley, and 
hence his testimony is to be discredited. 

Dudley's defence to the king was brief and dignified.^ He 
called attention to his fifteen years of service in the govern- 
ment, reminded the Committee how he had appeared before 
it as agent for the colony, and briefly spoke of his service as 
president of the temporary council. He declared that both as 
judge and as councillor, under the Andros government, *'he 
faithfully to his understanding served the Crowne & the true 
interest of those Plantations . . . and according to his best 
skill gave Judgement in matters of Law according to the Lawes 
and Statutes of the Realm of England and the peculiar Laws of 
that Government." He then described his experience during 
the revolution, and submitted his case to the Lords of Trade. 
This defence was presented to the Committee April 24, 1690; 
but, as no person appeared for the colony to sign and assume 
the responsibihty for the charges against Dudley and his 
fellow-prisoners, the king ordered their discharge.^ 

It is not probable that, even if the colony had been able to 
push the charges farther, the action of the king and committee 
would have been different. Dudley and Andros may have 
been unwise, certainly they were overbearing and tact- 
less; but in their attempt to make effective the will of the 
English government, and in their execution of the decrees of 
the courts and the commands of the Lords of Trade, it would 
have been difficult for the English authorities to find anything 
illegal. Indeed, it was their zeal to carry out their instructions 
that had rendered them so unpopular and that led the colonists 

' Andros Tracts, ii. 182. "^ Ibid. 173, et seq. 



56 THE PUBLIC LIFE OF JOSEPH DUDLEY 

to make charges so impossible of proof. Dudley, moreover, 
was too valuable an instrument for the Lords of Trade to lose. 
He had shown his readiness to accept their policy while agent 
for Massachusetts; he had served creditably as president of 
the temporary council after the dissolution of the Company ; 
and on Andros's arrival he had surrendered his office and taken 
the place of chief justice, where he had done much to make 
the administration an immediate success. But it was the very 
success of his policy which showed the colonists their true 
position and led to the overthrow of the government. It has 
been suggested that Dudley did all in his power to render the 
administration hateful, hoping that by its fall he might gain 
some advantage. From a study of his later career this does 
not seem probable. As his whole life shows, Dudley was a 
consistent adherent to the power of the crown and to its pre- 
rogatives, whether exercised directly or by deputy. As presi- 
dent, he asserted his own rights, and as chief justice he was 
equally careful of the prerogatives of Andros. He tried con- 
sistently to carry out his instructions, cost what it might. It 
was for this latter characteristic that he was sought as an 
administrator both in England and in the colonies ; but this 
trait, together with his failings of temper, made him the most 
unpopular man in the Andros administration. Though he 
was acquitted and rewarded by the king, Dudley's record fol- 
lowed him throughout his life and made him the most hated 
man in New England ; and because of this his later adminis- 
tration as governor of Massachusetts was rendered exceedingly 
difficult. 



CHAPTER IV 

SCHEMING FOR OFFICE 

Joseph Dudley Member of the Council for New York, 

Deputy-Governor of the Isle of Wight, Member 

OF Parliament 

1689-1702 

Although the charges against Dudley were dismissed, his 
position in England was far from enviable. Not only had he 
apparently lost the influence of his friends in Massachusetts, 
but he was so detested in that colony that he might expect 
its enmity to continue to pursue him. He was in the position 
of a discharged prisoner against whom the indictment has 
failed for want of evidence. It is true that he was released ; 
but he was in London separated from his friends and relatives, 
on whose assistance he might count, and jealously watched by 
the Massachusetts agents, one of whom was Elisha Cooke, his 
bitter enemy. Although his conduct might escape condemna- 
tion, it was evident that William III would be unwilling to 
offend the colonists, just as his struggle with France was begin- 
ning, by rewarding a fallen official of James II. 

But Dudley had one friend at this crisis who now aided him. 
William Blathwayt was a power in colonial affairs. Through 
all the changes of sovereigns, shif tings of committees, and altera- 
tions in the personal composition of the board, Blathwayt, 
as one of the Lords of Trade and as clerk of the Privy Council, 
contrived to remain a permanent element in the direction of 

57 



58 THE PUBLIC LIFE OF JOSEPH DUDLEY 

colonial affairs. He was probably better versed in the details 
of colonial administration than any one else in England, and 
by his superior knowledge was doubtless often able to lead the 
Lords to his point of view. Needy office-seekers, discontented 
or discredited officials, anxious promoters of colonial schemes, 
sought his aid and influence in many ways, some of which 
were not above suspicion. On his first voyage to England, 
Dudley had carried a letter to Blathwayt, and from that time 
had kept up his interest by letters, visits, presents, and pos- 
sibly bribes. Blathwayt, moreover, knew the worst about 
Dudley, for Randolph tried to poison his mind against him ; 
but so ready had Dudley been to carry out the policy of the 
Committee that Blathwayt stood his sponsor in this critical 
period. 

It is hard to determine what other friends Dudley had in 
England at this time, but it is known that a certain Dr. Daniel 
Cox was one of them. This was not the first instance of their 
cooperation. Cox was one of the proprietors of West New 
Jersey, and was evidently ready to advance his fortune in 
other colonies as well ; for he, Stoughton, and Dudley had 
obtained a tidy grant of eight square miles in the heart of 
Massachusetts.^ Cox now came to Dudley's assistance, and 
by magnifying his abiHties materially improved his chances 
for obtaining some post in the colonies. 

An office in Massachusetts at this crisis was out of the ques- 
tion, but one was obtained for Dudley in New York. How 
he became acquainted with Sloughter, the newly-appointed 
governor of that province, is not known ; but on September 
23, 1690, Sloughter wrote to Blathwayt that he desired Dudley 
to be the chief of his Council, since he knew him ''to be not 

' " Andros Records," American Antiquarian Society, Proceedings, New Series, 
xiii. 487, December 19, 1687. 



SCHEMING FOR OFFICE 59 

onely of exquisite pts but also experienced in ye affairs of that 
countrie." ^ This position Dudley accepted, and before sailing 
wrote to Blathwayt thanking him for the favors he had shown 
and significantly adding, **I hope the settlement of N. Eng^ 
will at length come under consideration wherein if I may be 
remembered I shall attribute it to your kindness."^ Once 
again before leaving England, Dudley expressed to Blath- 
wayt his willingness to serve New England. The occasion 
for this letter was the fact that Cox had offered Dudley the 
position of deputy-governor of West New Jersey, and had 
sent a letter urging the king to confirm the appointment.' 
Dudley put himself and his fortunes in Blathwayt's hands 
and offered to resign "that & any other province if I may be 
thought worthy & capable of any post in the settlem* of my 
own country."^ It is thus evident that he hoped to return 
to Massachusetts in some official capacity, and regarded the 
position in New York as a temporary affair. 

Although Dudley might regard the position of chief of the 
Council of New York as a mere stepping-stone to some post 
in Massachusetts, he displayed the same energy in his new 
field that he had shown at home. He exercised the same 
diligence in attendance on council meetings; during his resi- 
dence of a little over a year in New York, he was absent from 
but five of the thirty meetings that were held.^ The skill that 

^ British State Papers, America and West Indies (Ms.), 578, No. 161. 
2 Ibid. No. 180. 

' There is a copy of a commission for Dudley as deputy-governor of West 
New Jersey in Massachusetts Historical Society, Proceedings, 1869-1870, p. 204. 

* Dudley to Blathwayt, November 20, 1690, British State Papers, America 
and West Indies (Ms.), 578, No. 186. 

* Journal of the Legislative Council of New York, i. 1-15. According to Ran- 
dolph, Dudley's activities were not confined to purely administrative affairs; 
for he accuses "loseph the Jew (for so now M'^ Dudley is called)" of persuad- 
ing Governor Sloughter to erect a court of admiralty, although he had no com- 



6o THE PUBLIC LIFE OF JOSEPH DUDLEY 

he had shown in dealing with Indians in Massachusetts was 
recognized in New York, and he was appointed one of the 
Indian Commissioners;^ and he was also sent as a special agent 
to urge the governments of New England to aid New York 
with money and men.- He must have been possessed of 
some considerable property at this time, for he advanced over 
a thousand pounds to Sloughter to pay the troops that came 
from England.^ He was so useful and effective that Fletcher, 
the successor of Sloughter, was directed to make him the first 
of his Council ; ^ but his activity in enforcing the prerogatives 
of the government and his own failings of temper made him, 
as was reported to the Lords of Trade, "very unacceptable to 
the people." ^ 

Dudley's unpopularity in New York was, as in Massachu- 
setts, increased by his conduct on the bench. In New York, 
his stumbling-block was the trial of Leisler. Like Massachu- 
setts, New York had an uprising, the counterpart of the revo- 
lution in England ; but unhke Massachusetts she could count 
on no unanimity of feeling among her colonists. Aside from 
the racial differences which separated the English from the 
Dutch, there was a division over the question of religion. 
Dongan, the predecessor of Andros, was a Roman Catholic, 
and some of the important posts in the colony were held by 
men of that religion ; while Nicholson, the deputy-governor, 
had shown himself not unwilling to comply with the desires 

mission from the admiralty, and of obtaining the appointment of one of his 
creatures, with whom Dudley shared the fees and fines to the hurt of the revenue 
of the crown. But "the People," he adds, "Were so highly Incensed ag' him. 
. . . Upon the Crocadiles Tears Appeased the Rabble else they had soon 
Distroyed his judge ship" (Randolph to Blathwayt, August i6, 1692, Goodrick, 
Edward Randolph, 404-405). 

1 New York Colonial Documents, iii. 771. 

* Calendar of State Papers, America and West Indies, 1689-1692, No. 1556. 

^ Ibid. No. 1847. * Ibid. No. 2131. ^ Ibid. No. 2130. 



SCHEMING FOR OFFICE 6i 

of James II. Moreover, to many of the rich merchants in 
New York the question of rehgion was a subordinate one, 
and it was freely asserted that there was a Catholic party 
ready to follow the lead of Nicholson or Dongan, who were 
beheved to be in alliance with the French. The opposition, 
though greatly outnumbering the Catholics, was by no means 
united. Save for the few years between 1683 and 1686, when 
the experiment of an elected assembly was tried. New York 
was governed by an appointed council. The system of Andros 
was therefore not new; and the resident members of his 
Council, Van Cortlandt, Phillipse, and Bayard, though rich 
and prominent in the colony, were distrusted and envied by the 
people, who desired a share in the government. Without 
doubt the English settlers on Long Island formed a majority 
of this party, but there were merchants in the city who keenly 
felt their exclusion from the social and official aristocracy of 
the colony; chief among these was Jacob Leisler. 

The uprising in New York followed hard upon that in Massa- 
chusetts. The same rumors of Cathohc and French alliance 
and invasion were utilized to rouse excitement; and the 
obvious weakness of the fortifications of the city and the 
danger of the colony brought all the Protestant factions to 
act in cooperation for the moment. But Nicholson was not 
the man to preserve this temporary harmony. Losing his 
temper over some slight act of insubordination, he soon found 
that the city militia was beyond his control and in open 
mutiny. Leisler put himself at the head of the mutineers and 
seized the fort. Nicholson, fearing for his safety, deserted his 
post and soon went to England ; Van Cortlandt, Bayard, and 
the other councillors were imprisoned or forced to flee, and 
Leisler became practically dictator. His rule, though revo- 
lutionary in its origin, was generally accepted throughout the 



62 THE PUBLIC LIFE OF JOSEPH DUDLEY 

province, and received, in his own eyes at least, some legal 
authority by the receipt of a letter from the king, addressed 
"to such as for the time being take Care for the preserving the 
peace and administering the Laws in our Said Province of New 
York." ^ Ignoring the presence of the members of Andros's 
Council, who were legally charged with the preservation of 
the peace, but who had been deprived of all power, Leisler 
assumed that his government was recognized by the king. 

The English authorities, however, to whom both Leisler 
and Nicholson had appealed, had no intention of allowing the 
revolutionary government to become permanently established. 
On January 4, 1690, a commission and set of instructions were 
issued to Colonel Henry Sloughter, in which a Council was 
named containing none of the names of the revolutionists, 
but including Van Cortlandt and Bayard, the most bitter 
opponents of Leisler.^ Had Sloughter himself come directly 
to New York and presented his commission, Leisler doubtless 
would have at once surrendered ; but, unfortunately, before 
he arrived his deputy, Ingoldsby, reached New York, and 
Dudley came upon the scene. Ingoldsby demanded the 
surrender of the fort, but could show only Sloughter's deputa- 
tion to him, as his authority. This Leisler was perhaps 
correct in refusing to recognize. In the strained relations 
which followed it was difficult to keep peace; protests and 
counter-protests were issued by Leisler and the newly-appointed 
Council under Dudley, and finally, on March 17, Leisler opened 
fire and killed two of the king's soldiers. Even when Slough- 
ter arrived, Leisler attempted to make terms for himself, but 
finally submitted and was detained as a prisoner. 

Responding to the demands of Leisler's personal enemies, 

' British State Papers, America and West Indies (Ms.), S78, No. 36a. 
* New York Colonial Documents, iii. 623 et seq., 685 et seq. 



SCHEMING FOR OFFICE 63 

Sloughter constituted a special court and commissioned ten 
men "of approved integrity and loyalty and personally un- 
concerned in the late troubles."^ Joseph Dudley, who had 
been acting as president of the Council and was Ingoldsby's 
adviser before the arrival of Sloughter, was chief justice. 
Leisler and his associates were speedily indicted and brought 
before this court for trial. "Refusing to hold up his hand," 
Leisler read "a small paper offering that for-as-much he had 
been in power here he ought not to plead till such power was de- 
termined," thus claiming that the court had no jurisdiction since 
his acts were authorized by the letter of the king. The court 
decided that this amounted to no plea, but postponed pro- 
ceedings to consult with the Council. On April i Leisler was 
again brought before the court, and Dudley advised him to 
plead; but he continued "his general talk refusing to plead 
. . . [until] he was ordered to be tyed up and putt in irons." ^ 
On April 15, he was once again brought before the court ; but 
he still remained obstinate, and on April 17 he was sentenced 
to death for murder and high treason. On the advice of the 
judges, Sloughter suspended the sentence until special orders 
should be received from England; but party feeling was 
so strong that the governor, influenced by his Council, at 
length gave way, and Leisler and his son-in-law were executed 
and their estates confiscated. 

In the trial, Dudley had taken a leading part. He was 
probably intensely biased against Leisler, and displayed many 
of his unpleasant traits in his conduct of the case. Although 
as a judge he had advised Sloughter to suspend sentence until 
the king's pleasure should be known, yet as a member of the 
Council he apparently joined with the others in urging the 
governor to carry out the sentence at once. His conduct was 
^ Ibid. 7S9. ^ Board of Trade, Papers, New York (Ms.), iv. 4. 



64 THE PUBLIC LIFE OF JOSEPH DUDLEY 

unwise, but his decision was legal and was confirmed by the 
king.^ Nevertheless, in the exercise of his duty, he had 
offended many of his countrymen and given his enemies an- 
other point to urge against him in his later career. 

Sometime in 1692 Dudley left New York and returned to 
New England, where he hved quietly at Roxbury. Although 
Governor Fletcher was directed to make Dudley first of his 
Council, he suspended him for non-residence,^ but still con- 
sulted him by letter. When Dudley returned to New Eng- 
land he found Massachusetts under the new charter, with 
Sir William Phips the newly-appointed royal governor, and 
Stoughton, Dudley's friend and former colleague, lieutenant- 
governor. The new government was in the midst of diffi- 
culties. The frenzy of the witchcraft persecution was at its 
height, and Stoughton was taking a leading part in the prose- 
cution. War was forcing even heavier taxes than Andros 
or Dudley had levied, and the futile expedition against Quebec 
had so strained the credit of the colony, that it had been neces- 



' The documents concerning the Leisler trial and the reversal of the attainder 
are given in brief form in Calendar of State Papers, America and West Indies, 
1689-1692, 1692-1697; they are printed in full in New York Colonial Docu- 
ments, vols, iii.-iv., and in New York Historical Society, Collections, Publica- 
tion Fund Series, 1868. The trial is discussed by Chandler, Criminal Trials, 
i. 262; and more fully by Chalmers, in Continuation of the Political Annals of 
the Present United Colonies (in New York Historical Society, Collections, Pub- 
lication Fund Series, 1868, p. 72), where he says : "Of the fairness of their trial, 
the nature of their crime, or the justness of their sentence no doubt can be 
reasonably entertained; since they were not indicted for the part they had 
acted in the revolution or in the subsequent violences, but merely for holding 
a fortress by arms against the legal governor, which in judgment of law was 
levying war against the King. But the prudence of the measure may be justly 
questioned, because ill-timed examples only weaken the power which they are 
meant to support. William declared in favour of the validity of the judge- 
ment ; yet ordered their estates to be returned to their children, because the 
services of the fathers required some attention to the sons." 

'^ Calendar of State Papers, America and West Indies, 1689-1692, No. 2514. 



SCHEMING FOR OFFICE 65 

sary to resort to paper money. Moreover, the new governor's 
irascibility was ofiEending some of the officials and stirring up 
opposition among the representatives, Dudley saw in these 
conditions a possibihty for his future advantage. He took 
care to renew his influence over Stoughton, and regained the 
confidence of some of his friends. He utilized his wide family 
connection among the leaders of the colony, and by his letters 
to Fletcher fomented the trouble between him and the hot- 
tempered governor of Massachusetts.^ To prosecute his 
plans more effectively he decided to go to England, and some- 
time before February he was in London.^ 

Dudley's life in the next nine years presented a strange con- 
trast to the lives of his fellow-colonists, and did much to 
remove whatever provincialism remained in his character. 
This was his tliird visit to London, and he found many friends. 
Blathwayt was still clerk of the Privy Council and ready to 
help him. He also gained a new patron in the person of Lord 
Cutts, who had led a regiment of the line at the battle of the 
Boyne and there won the reputation of being "the bravest of 
the brave," and secured the friendship of the king. About 

^ British State Papers, America and West Indies (Ms.), 561, Nos. 18, iii. Ac- 
cording to Randolph's report to Blathwayt, March 14, 1692-1693, the condi- 
tion of the colonies was very critical and there was need for the presence of 
English officials. "Carolin," he wrote, "has a Gon"^ at Ashley River, yet is 
wholy vnsetled Coll : . . . Maryland quiet by force for ye present. . . , The 
2 Jersyes haue a Mock Gom' vnder Mr. Hamilton. . . . Pensilvania is much 
like it. New york people much dissatisfied to haue all places fiUd vp with 
Irish. . . . New England is worse than Bedleham. Euery place full of Horror 
& Confusion. Connecticott ouer run with fraud & Hypocrisy. Road Island 
with folly & quakarisme. N : plymouth as poore as a Church mouse. Boston 
ouer spred with fantasticall delusions. Horrid Murthers Cruell slavery & op- 
pression Rampant : the poeple are become more stupid then their Gon"^ : more 
arbitrary then the members of their Councill & more inflexible then their prag- 
matticall Teachers. " — Goodrick, Edward Randolph, 433-434. 

^Letter of Elisha Hutchinson, February i, 1693, Massachusetts Historical 
Society, Proceedings, 1835-1855, pp. 296-297. 



66 THE PUBLIC LIFE OF JOSEPH DUDLEY 

the time Dudley arrived in London, Cutts was appointed 
governor of the Isle of Wight, and he was induced to make 
Dudley his deputy. In addition to these political and mili- 
tary friends who were influential in Parliament and useful 
about the court, Dudley conformed to the Church of Eng- 
land and was ready to utilize his churchmanship with the 
bishops in the Privy Council who took an interest in colonial 
aflfairs. 

His object was to replace Sir William Phips and thus to 
justify himself in the eyes of his countrymen. He was not 
at all backward in proclaiming his purpose, and told Sir Henry 
Ashurst, one of the agents for Massachusetts, "that W. 
S[toughton] Esq., and most of the people are for him to be 
G[overnor]." ^ Through his friends in Massachusetts he was 
kept informed of the increasing dissatisfaction with the 
governor.^ Because of this discontent, Sir William Phips was 

1 Letter of Elisha Hutchinson, February i, 1693, Massachusetts Historical 
Society, Proceedings, 1835-1855, pp. 296-297. 

2 Board of Trade, Papers, New England (Ms.), 7, No. 31. This is an ab- 
stract of a letter from Nathaniel Byfield to Joseph Dudley, given by Dudley 
to the Board of Trade. After referring to Phips's action in negativing some 
of the councillors, the letter continues: "Now if the making of Such a Law 
(w*^ we hope you have care to have negatived) and refusing to give persons 
their oaths . . . thereby forming an Assembly to his own mind are not things 
that will be borne testemony against Farewell all that is good and I will find 
Some other place to Live in. . . . In the meantime you may easily guess 
without any imputation of witchcraft if it be right, who dus [does] and will 
disserve you all he can Lett his pretences be what they will it is suggested by 
(you may easily know who) to our good honest Councillors and Countrymen ; 
that you Lost yourself very much by Saying before the Lords in a public hear- 
ing that S'' W had not done any good thing since he was Governor and that 
you were taken up severely . . . and that you had nothing to say in answer. 
That you are Conformed and taken y^ Sacriment according to the Church of Eng- 
land or could not have y* place under my Lord Cutts, &c." After expressing 
a desire to see Dudley the letter concludes, "But truely it is not adviseable that 
you Come till you are well equipt & then y*^ Sooner y'' Better, I Looke upon y 
hazzards of this Country to be greater now then ever & without a Generall 
Gouer, if y^ warrs hold we shall be all Ruined. . . ." 



SCHEMING FOR OFFICE 67 

recalled to England to defend himself. When he reached 
London, Dudley succeeded in having him arrested in an action 
for £20,000 ; ^ and before Phips could defend himself against 
both his political and his private enemies, he died, on February 
18, 1695. 

Dudley beheved that he would be appointed the successor 
of Phips, and to this end used all the influence at his command. 
His patrons Blathwayt and Lord Cutts worked zealously for 
him, the latter winning over the Earl of Portland.^ The 
Duke of Leeds and Lord Sidney were also pledged to his 
support, and common report had it that " Capt. Dudley stands 
fairest to succeed sir W. Phipps." ^ 

The agents for Massachusetts, however, adopted a shrewd 
method to thwart Dudley's ambition. The son of Leisler was 
in England endeavoring to get the attainder against his father 
reversed in order that he might inherit his estate. Up to this 
time he seems to have had httle success ; but now Sir Henry 
Ashurst laid the matter before the king, and the other Massa- 
chusetts agent, Constantine Phipps, drew up the necessary 
bill for the reversal of the attainder.^ It passed the House 
of Lords with little alteration, but in the Commons it encoun- 
tered difficulties. A special committee was appointed, hear- 
ings were held, and on April 24 Dudley testified as to his 
share in the trial. This was what his opponents desired ; and 
it had an unfortunate effect upon Dudley, for it drew atten- 
tion to his part in proceedings which were popularly con- 
demned. Still, his interest was strong enough to postpone the 

1 Ashurst to Mather, May 5, 1695, Hutchmson, History of Massachusetts, ii. 
82 note. 
Ubid. 

* Luttrell, Brief Historical Relation of State Affairs, iii. 447. 

* Phipps to Increase Mather, May 5, 1695, Hutchmson, History of Massa- 
chusetts, ii. 82-83 note. 



68 THE PUBLIC LIFE OF JOSEPH DUDLEY 

third reading of the bill ; but two days later, in a small House, 
the bill was passed by a vote of forty-nine to thirty-six, and 
the attainder was reversed.^ "Since then," wrote Constantine 
Phipps to Increase Mather, "he is not so much talked of to be 
governor."^ It was, indeed, the ending of any immediate 
hopes of his return to New England. Phipps and Ashurst, 
from their point of view, had done New England a great ser- 
vice and well might hope that " the door is nailed against him."' 
Though Dudley did not succeed Phips, the Privy Council 
took under consideration one of the policies which Dudley 
and Andros had tried to put into practice and which had done 
much to render them unpopular.'* This was the question of 
the imion of all the northern provinces under a single gov- 
ernor. The Lords' Committee reported that all the colonies 
save Massachusetts made objection to this plan, — New 
Hampshire because it would increase her taxes without giv- 
ing additional safety, Connecticut because it was contrary to 
her charter, New York because of her rivalry with Boston, 
as well as because she was weak and exposed and believed that 
she should be aided rather than called upon to give assistance 
to the New England colonies. Massachusetts, the largest 
and most important of the colonies, alone favored the plan. 
The Privy Council voted that, inasmuch as the charters pre- 
vented anything more than a mihtary union in time of war, 
the same person should be made governor of New Hampshire, 
Massachusetts, and New York, and captain-general of the 
militia of the other colonies. This was a shght abatement 
from the claims of the crown as seen in the commission given 

* New York Historical Society, Collections, Publication Fund Series, 1868, 
p. 348. 

2 Phipps to Mather, as above. 
' Ashurst to Mather, as above. 

* Register of the Privy Council (Ms.), William III, iv. 586. 



SCHEMING FOR OFFICE 69 

to Andros, which always remained the ideal to Dudley and 
was the basis on which the next governor of Massachusetts 
was commissioned. Dudley, however, was disappointed to 
find that he was passed over and that Lord Bellomont was 
commissioned governor, April 2, 1698. 

Though Dudley failed to obtain the desired post, he held a 
position in England by no means to be despised. Shortly 
after his arrival he was made by Lord Cutts deputy-governor 
of the Isle of Wight, a position which he held for nine and 
a half years.^ His duties were of a poUtical nature connected 
with the management of the municipal affairs of the island. 
By an agreement between its important men and Lord Cutts, 
Sir Robert Worsley and his friends engaged "to assist any 
persons recommended by the Governor to be chosen Members 
for the corporation of Newport."^ Nevertheless, Cutts was 
obliged to take strong measures with that borough, — to dis- 
franchise several of the burgesses and to imprison a clergy- 
man. To dominate the town more completely he had him- 
self elected mayor and made Dudley his deputy. Cutts also 
obtained for Dudley a commission, probably through some 
irregular means ; and thereafter Dudley was known as Colonel 
Dudley.^ 

This post, with its salary, small as it was, of six shillings a 

1 For extracts of letters from Cutts to Dudley, see Massachusetts Historical 
Society, Proceedings, 2d Series, ii. 177 et seq. 

* Agreement between Lord Cutts, governor of the Isle of Wight, and Sir 
Robert Worsley, Bart., and other principal gentlemen of the island, "respect- 
ing the Rights Privileges &c of the several corporations" (Albin, History of the 
Isle of Wight, 278). 

* Cutts to Dudley, January 4, 1695 : "For, as to the King's Comission, you 
know how you came by it ; and you know what promise you made (upon your 
word and honour) when I gave it you." Also May 11, 1695 : "I would not 
have the Dragoons doe any Guards ; and I would not have you order any of 
them to attend you, for reasons." 



70 THE PUBLIC LIFE OF JOSEPH DUDLEY 

day, Dudley was doubtless glad to obtain ; but he had more 
far-reaching plans. He hoped to use the influence of Cutts 
in obtaining the position he most desired. Cutts recognized 
this ambition, and there was probably some reciprocal agree- 
ment that Dudley should further his patron's plans on the 
island, while Cutts should advance Dudley's cause with the 
king. On April 2, 1695, when Dudley's affairs were at a 
crisis, Cutts wrote to him concerning some service that he 
wished Dudley to perform: "It is the best peice of service 
you can doe the King, me, & your self. , . . P. S. I have 
made some steps in your affaire, & wish you were here for 
five or six days." Unfortunately, Dudley did come up to 
London and appeared before the committee of Parliament 
in the Leisler hearing, greatly to his own disadvantage. 

After the failure of his plans, Dudley needed more assur- 
ances, and these Cutts was ever ready to give. In a letter 
written August 12, 1697, he says, "Serve but the King, & me, 
effectually in this present storm, and I'l be instrumentall to 
put you in such circumstances as you shall have reason to be 
more than easy in." But hope of Dudley's appointment 
seemed to vanish, and when Cutts's influence at court appeared 
to be on the decline, his letters took a sharper tone. On 
April I, 1698, he wrote: "Sir, — I won't complain of your 
unkind behavior to me, that is not the matter now in dispute ; 
tho' in a week (all things consider'd) some men would have 
shown some concern for One's health and affaires; but I 
don't insist upon it, your Personal Civilitys are most certainly 
your own, & dispose on 'em how you please; provided you 
trouble me no more if Fortune should chance to smile on me, 
than you doe now. She seems at least to do otherwise. But 
this (as I sayd before) is not the matter now in dispute. That 
which I have just reason to complain of is your reall neglect of 



SCHEMING FOR OFFICE 71 

the King's service in your station. For if I neither see nor 
hear of a Lieut- Governour in a Week, I would fain know 
(when so many things are to be consider'd now the Spring 
comes on) what you are payd for. . . . w" you come to the 
King's Levee (w''*' you should doe if ever y° expect any 
thing) you can make y reports, & take my Orders as you goe 
up. I have very good Neibours now & want no Company." 

Although the coveted post could not be gained, Cutts was 
still zealous for his friend, and had him returned a member of 
Parliament from Newton in 1701.^ As a member of Parlia- 
ment, Dudley used all his abilities to advance his own interests. 
He was, as was his habit, regular in his attendance upon the 
sittings, obsequious to his superiors, and of engaging manners 
to his equals. On political questions he consistently sup- 
ported the court party even at the expense of disobliging a 
friend ; - but in the discussions of colonial affairs he displayed 
his greatest ability. His local knowledge and wide experience 
were sought by those in power, and the opinions and views 
which he urged were so in harmony with those of the English 
administrators that his present position and future advance- 
ment seemed secure.^ 

Indeed, his position was more secure than that as governor 
of the uneasy and discontented province of Massachusetts. 

^ In Adlard's The Siitton-Dudleys of England and the Dudleys of Massachu- 
setts, p. 81, is printed a letter from Robert Worsley which shows how loyally 
they carried out their agreement with Lord Cutts. Writing to Dudley,Worsley 
says: "To show you how ready I am to serve you, when it lye in my power, 
meeting with my cosen James at Winchester, this day, he assured me of his 
resolution not to stand, and I proposed you, he readily assented to it. . . . 
We are much sollicited for another, but since one our old members lys down 
nothing shall make ue quit your interest, though we shall not compass it with- 
out you hasten." 

* Hutchinson, History of Massachusetts, ii. 114. 

* Palfrey, History of New England, iv. 202. 



72 THE PUBLIC LIFE OF JOSEPH DUDLEY 

He had a place in English society ; he was a friend and corre- 
spondent of Sir Richard Steele.^ He made the acquaintance 
of John Chamberlayne, gentleman-in-waiting to Prince George, 
member of the Society for the Propagation of Christian Knowl- 
edge, and an author of considerable popularity. At this 
time, Chamberlayne seems to have been acting as Dudley's 
social sponsor, as he later acted as his unofficial representa- 
tive in London. Dudley entertained companies by his curious 
and "fanciful discourses," and wrote papers "about the cir- 
culation of the Several Juicies in Fruit Trees and the solution 
of that nice question how women in the State of Innocency 
could have been Freed of the Pains of childbirth," ^ which 
Chamberlayne thought that the Royal Society would surely 
wish to print. And he seems to have enjoyed society less 
exalted; for in 1702 one of his friends wrote to him, "I need 
not tell you, S', that M" Harnage M""' Milbank & the whole 
gang of halfpenny viol-players, do most kindly remember you, 
for your Ex*^^ was always to them a fidus Achates & never 
fail'd to make a fourth man in their greatest need and dis- 
tress."^ 

Perhaps to counteract some of these influences, he contrib- 
uted a paper to the Society for the Propagation of the Gospel 
in Foreign Parts entitled "An Account of the State of Relig- 
ion in the EngHsh Plantations in North America,"^ and 
joined the society himself.^ He also utilized the interest of 

^Massachusetts Historical Society, Proceedings, 2d Series, iii. 201. 

2 Chamberlayne to Dr. Sloane, Mss. British Museum, Shane Collection, 

439, ff- 47- 

3 Chamberlayne to Dudley, August 10, 1702, Massachusetts Historical So- 
ciety, Collections, 6th Series, iii. 529. 

* Society for the Propagation of the Gospel, Journal (Ms.), i. 14; printed in 
Hawkins, Historical Notices of the Missions of the Church of England in the 
North American Colonies, 23. 

^ Society for the Propagation of the Gospel, Journal (Ms.), i. 37. 



SCHEMING FOR OFFICE 73 

the Reverend Godfrey Dellius, a Dutch clergyman formerly 
stationed at Albany, of whom Bellomont wrote, " If a great 
lyar, incendiary, and proud person make up the character of 
piety, then M"" Dellius may pass for a saint." ^ 

Yet Dudley regarded his life in England in the nature of an 
exile. He had, as he informed every New England man who 
visited him, "a passion for laying his bones there, which 
equalled that of the ancient Athenians";^ but, though he 
keenly felt his absence from his wife and home, he was so 
ambitious that he could not bring himself to return a dis- 
credited and disappointed man. In 1697, two years after 
his unfortunate experience in the Leisler affair, but before 
Bellomont was actually appointed and while his friend S tough- 
ton was acting as governor, he wrote to his wife, "I have used 
all propper means to return home in the service of my country 
this year, but it is otherwise disposed by the providence of 
God, and to that we must submit; and the more patiently 
we do it, the more acceptable it is."^ His eldest son, Paul, 
joined him in London; and his father, though straitened 
in means, gave him every possible advantage. Neither in 
England nor in Massachusetts, however, did his affairs pros- 
per, and he wrote to his son, December 23, 1700: "I see no 
way for my owne return and think it absolutely necessary that 
you return this year. I shall loose what I have there and my 
respect and hopes and family, for want of a head ; nor shall 
I be able to support myself and you here much longer, but 
shall fall into contempt, and that will be what I cannot bear 
and live. ... If my arrears fayle me, I must sell my land 

* Massachusetts Historical Society, Collections, 6th Series, iii. 520-521. 
2 Hutchinson, History of Massachusetts, ii. 114. 

' See four letters from Dudley to his wife, Massachusetts Historical Society, 
Collections, 6th Series, iii. 513-517. 



74 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

under my feet to pay my debts, and that will please those in 
New England that do not love my name." ^ 

In spite of discouragements, Dudley did not relax his 
efforts. Indeed, if the report of Sir Henry Ashurst can be 
believed, it required all his time to check Dudley's ambition. 
"As for my self," he wrote, ''the keeping you from [a] patent 
to ruine you & from D. being y*"" gouerner, I haue spent many 
dayes." ^ Though Ashurst remained his enemy, Dudley suc- 
ceeded in winning to his support the other agent for Massa- 
chusetts, Constantine Phipps; and he found a still stronger 
ally in Cotton Mather. How he regained the interest of the 
Mathers is not altogether clear, but the explanation probably 
lies in a petty quarrel in the Massachusetts General Court. 
Increase Mather wished to be sent to England as agent for 
the colony, but was thwarted in this ambition by Elisha 
Cooke, the common enemy of both Dudley and the Mathers. 
The diary of Cotton Mather shows that he spent many days 
in anxious prayer for his father's ambition, but without 
result, until, he writes, "my mind suddenly felt a strange and 
strong operation upon it which caused me to break forth into 
expressions of this importance The Lord will do The Lord will 
do it. My Father shall be carried unto England and so shall 
there have a short but great opportunity to glorify my Lord 
Before Christ in a most wonderful way it shall be brought 
about." ^ An alliance between Dudley and the Mathers 
would certainly be a wonderful thing, but upon a clear under- 
standing it would be beneficial to both parties. Though it 
cannot be proved that this thought was the "strong opera- 

' See four letters from Dudley to his wife, Massachusetts Historical Society, 
Collections, 6th Series, iii. 520. 

2 Ashurst to Wait Winthrop, May 8, 1698, ibid. v. 40. 

' From a manuscript diary of Cotton Mather, in possession of the American 
Antiquarian Society. 



SCHEMING FOR OFFICE 75 

tion" from Heaven, yet an agreement was made between 
them. Dudley pledged himself to the interest of the Mathers 
— a pledge that he found it impossible to fulfil — and was 
able to cite in England their sanction for his ambition. 

After the death of Lord Bellomont all these trains of influ- 
ence were set in motion. Cutts supported Dudley loyally 
and sang his praises to Marlborough; Godfrey Dellius tried 
to influence the bishops ; the Bishop of St. Asaph believed 
that Dudley was the man to advance the cause of the church 
and of missions; Blathwayt remained his friend and urged 
his appointment. His long experience, his success in England 
as governor of the Isle of Wight, his abiflties as an adminis- 
trator, and his skill as an Indian agent were among the points 
urged in his favor. Nor were colonial influences neglected. 
The colonists resident in London asked that he might be sent 
to Massachusetts, the English colonial merchants petitioned 
for his appointment, the dissenting ministers wrote to their 
brethren in New England praising him, and a letter from 
Cotton Mather was read with telling effect.^ Only Sir Henry 
Ashurst remained hostile, and amid such a chorus of praise, 
his voice was not heeded. 

Dudley was commissioned by William III, but before he 
could leave England the king died. His present good fortune, 
however, did not desert him; for Queen Anne renewed his 
commission, and showed him the unusual favor of remitting 
some of the ordinary f ees.^ The commission is dated April i , 
1702;^ on the 12th, Dudley took his oaths before the Privy 
Council,^ and on April 13 sailed for Boston. 

' Hutchinson, History of Massachusetts, ii. 115. 

^^Ibid. 116. 

^Patent Roll No. 3421, i Anne, No. 26. 

* Register of the Privy Council (Ms.), Anne, i. 82. 



CHAPTER V 

JOSEPH DUDLEY, GOVERNOR OF MASSACHUSETTS 

Parliamentary Relations with the General Court 

The "Glorious Revolution" of 1689 produced a vital change 
in the constitution of the Massachusetts Bay colony. Until 
1685 the colony was practically a self-governing community; 
from 1685 to 1689 it was completely dependent upon the will 
of the crown; from 1689 to 1691 the old magistrates resumed 
their powers, and, though the government had little show of 
legal foundation, it was tacitly recognized in England. Mean- 
time the agents of the colony were utilizing every influence 
they possessed to gain the restoration of the old charter and 
the continuance of the de facto government upon a legally 
recognized foundation. The early years of the reign of 
William III, however, were not of such a character as to allow 
him to give calm consideration to the nice points of colonial 
administration or to weigh accurately the merits of the colony's 
claims. Much had to be left to his advisers ; and of these, 
William Blathwayt, whose skill, industry, and knowledge 
impressed the king, was probably most influential in deter- 
mining the fate of Massachusetts. Hence it happened that, 
although Mather and Cooke and the other agents for the 
colony employed good counsel and utilized every particle of 
proper, and possibly of questionable, influence that they could 
exert, their efforts came to nothing, and the old charter was 
not restored. On the contrary, Massachusetts received a 
form of government in which the powers of the colonists were 

76 



GOVERNOR OF MASSACHUSETTS 77 

limited and through which the influence of the crown could be 
more effectively exerted. 

Weighing the possibilities of the restoration of the old 
charter with the genuine advantages offered by the new one, 
Increase Mather loyally accepted the inevitable and thus be- 
came influential in the appointment of the new governor and 
Council ; but in so doing he aroused the enmity of Cooke, 
whose experience in England led him to develop into the 
leader of the opposition to the new government when it was 
established in Massachusetts. It was, however, on the 
whole fortunate that Cooke had failed. Had the old charter 
been restored, the colony would have been at the mercy of 
the crown in every dispute with England. Countless ques- 
tions concerning the laws passed by the General Court would 
have arisen, which from the point of view of the English legal- 
ists, would have been decided adversely to the colony. The 
charter of a commercial company, however much interpre- 
tation and practice had altered it, was a precarious foun- 
dation for so large a community as the Massachusetts Bay 
Colony. 

The new charter, issued in 1691, established a royal province 
which included the Massachusetts Bay colony. Nova Scotia 
and Maine and the lands between them (which had in 1664 
been granted to the Duke of York), Plymouth and the Narra- 
gansett country, — in short, all the colonies north of Connecti- 
cut and Rhode Island, except New Hampshire, which was left 
a separate royal province. The executive power was vested 
in a governor and deputy-governor, who, together with the 
secretary, were appointed by the crown. The upper house, 
or Council, was, after the terms of the original royal appointees 
had expired in 1693, ^^ be elected by the House of Represen- 
tatives with the assent of the governor. The House con- 



78 THE PUBLIC LIFE OF JOSEPH DUDLEY 

sisted of representatives chosen from each town by those who 
possessed a freehold of forty shilHngs or a personal estate of 
forty pounds. The two houses, with the governor, formed the 
General Court. To this General Court was given full legis- 
lative and financial power, subject first to the veto of the 
governor, and then to that of the king, to whom all laws must 
be sent for approval. Appeals to England in cases over three 
hundred pounds were allowed. Judges, sheriffs, and other 
ofl&cers, executive, judicial, and military, were appointed by 
the governor with the consent of the Council ; and the gover- 
nor was made captain-general of the military force of the 
colony. 

This form of government stood midway between the type 
which existed in the so-called charter colonies and that which 
developed in the royal provinces. Connecticut and Rhode 
Island, relying upon their charters, were practically free from 
royal control in time of peace, except from such power as the 
crown could exert in hearing and determining appeals. In 
Virginia and New York, practically the same form of govern- 
ment existed as obtained in Massachusetts, save that, inas- 
much as their councils were composed of royal appointees, 
their governors were less likely to be thwarted and their 
councils more ready to take a stand against the lower houses. 
The feature of an elected council was an anomaly in colonial 
constitutions, and by weakening the influence of the governor 
in Massachusetts made his task so much the more difficult. 
Thus, although Massachusetts was reduced to a royal province, 
her political Hfe suffered no deterioration. Indeed, the 
colonial politicians, accepting the charter as their constitu- 
tion, found in the frame of government which it established 
methods of thwarting the will of England which were nearly 
as effective and far safer than those which were tried under 



GOVERNOR OF MASSACHUSETTS 79 

the old charter. A shrewd, vigorous, and able school of poli- 
ticians was developed, which was the bane of the royal gover- 
nors, but the hope of Massachusetts. 

Possibly to gain the confidence of the colonists, William III 
accepted the advice of Increase Mather and appointed Sir 
William Phips, a native of Massachusetts, as the first governor. 
The horror of the witchcraft persecution, however, cast a 
shadow over his accession, his ill-fated expedition against 
Quebec hurt his prestige, and his constant wrangles with the 
General Court and royal officials made it possible for his 
enemies to secure his recall. Once in England, he was at 
Dudley's mercy, and there died, it is asserted, from the results 
of his persecution. Lord Bellomont was the second governor. 
Though personally popular with the colonists, he could make 
no headway against the colonial politicians, and was unable 
to secure the adoption of the policies of the Board of Trade. 
He died in office, worn out by disappointment and mortifica- 
tion, conscious of his failure in America, and embittered by 
his lack of support from England, It was Dudley's ambition 
to fill this dubious and uncomfortable post, and, as has been 
seen, his desire was gratified ; but in gaining supporters to 
urge his appointment he also raised up new enemies in Massa- 
chusetts and added new difficulties to the task which had 
already proved too great for both Bellomont and Phips. 

The commission granted to Dudley^ was more like the one 
issued to Phips than that given to Bellomont. In the latter, 
as the result of the discussions in the Privy Council, New York 
had been added to the jurisdiction of Bellomont ; but now that 
colony was put under a governor of its own. Dudley, how- 
ever, received a commission for the government of New Hamp- 
shire, and was directed to take conmiand of the military 
^ See Appendix A, below. 



8o THE PUBLIC LIFE OF JOSEPH DUDLEY 

strength of Rhode Island and Connecticut in time of war or 
danger. 

More significant than his commission are his instructions, 
which fill thirty folio pages in the " Colonial Entry Book," ^ 
and show clearly the plans of the Board of Trade and the 
pledges that Dudley hoped to redeem. By these instructions 
he was to take care that the members of the Council were 
"Men of good life and well affected to our Government and 
good Estates and abilities and not necessitous persons or 
much in Debt." Phips and Bellomont had received no fixed 
salary, but had been dependent upon the good will of the 
General Court as expressed in an annual grant; Dudley, 
however, had intimated that he would be able to have the 
salary of the governor determined by a general law, and was 
therefore instructed to use his " utmost Endeavour with them, 
that an Act be past for settling and establishing fixed Salaries 
[upon himself] and others." The question of the fortification 
of the northern posts had been a vexed one between the 
governors and the Court; and here again Dudley had prob- 
ably given the Board of Trade to understand that he could 
carry out their desires, which were expressed by a special 
clause in his instructions. The English merchants were also 
feeling with increasing keenness the competition of the Ameri- 
cans in what had, since 1695, been an illegal trade for the 
colonists; and Dudley had probably pledged himself to put 
an end to this trade, for this would have been in keeping with 
his character as a strict upholder of the rights of the crown. 
Moreover, as has been seen, the merchants in England had 
petitioned for his appointment, — an unlikely circumstance 
unless he had given them some assurances of his policy. To 
fortify him, therefore, the Board not only inserted six clauses 

1 Board of Trade, Colonial Entry Book, New England (Ms.), 39, D- 30 et seq. 



GOVERNOR OF MASSACHUSETTS 8i 

in his instructions, but issued a special instruction of twenty 
clauses directed to the enforcement of the laws of trade.^ 

With such instructions, sure to increase his difficulties, 
Dudley sailed for Boston, April 13, 1702. The passage was 
a pleasant one ; Dudley's companions, two missionaries of the 
Church of England sent out by the Society for the Propaga- 
tion of the Gospel in Foreign Parts, so enjoyed themselves that 
one of them declared that had the passage been five months 
instead of five weeks it would have seemed short.^ Though 
at times he was so desperately seasick that his Hfe was de- 
spaired of, Dudley was evidently very happy, and perhaps a 
little patronizing to his shipmates, whom he nevertheless 
charmed by his gracious manner. Keith, one of them, thus 
writes of him: "He was so very civil & kind to M"" Gordon 
& me that he caused us both to eat at his Table all the Voyage, 
and his Conversation was both pleasant and Instructive, in so 
much that the Great Cabin of the Ship was like a Colledge for 
good Discourse both in matters Theological and Philosophical 
and very cordially he joined daily with us in divine worship, 
and I well understand he purposeth to give all possible En- 
couragem* to the Congregation of the Church of England in 
this place." ^ 

While the weeks were thus passing pleasantly for Dudley, a 
very different feeling pervaded Massachusetts. His career 
under Andros was still remembered by many ; his conduct in 
the trial of Leisler was generally disapproved ; and his persistent 
scheming for office during the past ten years had not increased 
his popularity. Moreover, it may well be believed that the 
remnants of the old "faction" and the party led by Cooke 

Uhid. D. 118. 

* Patrick Gordon to the secretary of the Society, in the Society's Letters 
(Ms.), i. No. 12. ' Keith to the secretary, ibid. No. 9. 



82 THE PUBLIC LIFE OF JOSEPH DUDLEY 

might well fear the coming of a man of his abilities and power. 
It was discussed whether it would be advisable to prevent 
his landing by force ; ^ but fortunately for Massachusetts, no 
such step was taken. On the other hand, the opponents of 
Cooke and his party, among whom the Mathers must be 
reckoned for the moment, rejoiced at the opportunity of defeat- 
ing their rivals. With them must be counted the few who had 
supported Dudley during the administration of Andros, and 
all those who hoped for place or influence under the changed 
conditions. Their satisfaction was as little concealed as the 
hostility of Dudley's enemies ; and, if Wait Winthrop cor- 
rectly reported their feelings, several of Dudley's enemies 
were "beforehand marked out for displeasure, at least, if not 
to be Leislerized, as they call it."^ Happily, however, both 
friends and enemies suspended their mutual animosities, and 
not only was his landing unopposed, but the Council made 
extensive plans for his reception.^ 

On the day of his landing, Dudley met the General Court 
and began a struggle which was to continue throughout his 
administration. Although the constitutional reforms of the 
"Glorious Revolution" did not reach the American colonies, 
attempts were made by the colonial assemblies to copy the 
sovereignty of the House of Commons. Though legally depen- 
dent upon royal commissions, charters, and acts of Parliament, 
and hence strictly subordinate and non-sovereign bodies, the 
colonial assemblies were constantly claiming for themselves 
the same rights in legal and financial matters that were exer- 
cised by Parliament. All the efforts of the Board of Trade, 

1 George Larkin to the Board of Trade, in its Papers, New England (Ms.), 
II, K. 4. 

2 Winthrop to Ashurst, March, 1702, Massachusetts Historical Society, Col- 
lections, 6th Series, v. no. 

^Massachusetts Archives (Ms.), xlviii. 345. 



GOVERNOR OF MASSACHUSETTS 83 

the English sovereigns, and even Parliament itself, to restrict 
their freedom of action and to control their legislation, were 
met by protests, evasions, or, when ail else failed, by grudging 
concession. Moreover, the lower houses of the assemblies 
persisted in regarding themselves as possessed of all the pre- 
rogatives which the English House of Commons had in its 
relations with the House of Lords. The councils of the 
colonial assemblies seemed, from their appointive character, 
to bear some resemblance to the hereditary chamber in Parlia- 
ment ; and certainly in most royal colonies the councils usually 
acted in harmony with the royal governors. To check this 
seeming encroachment, the representatives adopted the same 
procedure that had won for the House of Commons its inde- 
pendence and sovereignty. 

The success of the contentions of the colonists is best seen 
in New York, a royal province, which existed without a char- 
ter, entirely dependent upon the will of the crown. Begin- 
ning in 1689 on the slender basis of a clause in Sloughter's 
commission which allowed an assembly, the representatives 
steadily advanced their pretensions. Frankly asserting that 
they were imitating the English House of Commons,* they 
gained privileges and rights, until by 1715 they controlled the 
raising and appropriating of money ; ^ had the appointment 
of the provincial treasurer in their hands,^ were through their 
control of the purse influential in the direction of military 
affairs,^ had obtained a voice in the establishment of the 
courts,^ and had made good their pretension that, like the 

^ New York Colonial Documents, iv. 11 21. 
" Journal of the New York Assembly, i. 186. 

* Ibid. 179-191, 212-214; New York Colonial Documents, iv. 1172. 

* Journal of the Legislative Council of New York, i. 78-80 ; and Journal of 
Assembly, i. 150. 

^Journal of Assembly, i. 150, 157, 224, etc. 



84 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

Commons, their money bills could not be amended.^ Two 
circumstances aided the New York colonists. The period was 
one of almost continuous warfare, and New York was con- 
stantly threatened from the north ; hence the military exi- 
gencies of the time frequently forced the governors to yield 
to the popular clamor in order to gain the much-needed 
supplies. The character of the governors appointed during 
this period was the second favoring circumstance. All of 
them were Englishmen, none of them were men of marked 
ability, and most of them were in such desperate financial 
straits that they willingly bartered a constitutional point 
for the grant of salary which the Assembly doled out in 
return. 

Many of the constitutional points which vexed the gover- 
nors of New York were settled by the Massachusetts charter, 
most of them in favor of the Assembly ; and in addition, the 
power of the governor over his Council was greatly restricted 
in Massachusetts. That colony, like New York, was threat- 
ened by the French, and doubly so, since overland invasions 
from Canada menaced the inland towns, while the commerce 
of the colony and its seacoast settlements were endangered 
by the French possession of Port Royal. There was the same 
necessity for military operations as in New York, and even 
greater supplies were demanded, raised, and expended. Yet 
during this period it is to be doubted whether the politicians, 
though incessantly active, gained a single constitutional point. 
Rather, with two exceptions, they were led to comply with 
demands of the crown. 

The great reason for this appears to be in the character of 
the colonial governors.. As has been seen, Phips and Bello- 
mont were not successful, nor were their characters such as to 
^ Journal of Assembly, i. 99-202, 199, 207, 307. 



GOVERNOR OF MASSACHUSETTS 85 

promise any great success. Joseph Dudley, on the other hand, 
was possessed of great force and abihty. He had shown his 
energy and capacity in every post that he had occupied, and 
now in the maturity of his powers he was returning to a field 
with which he was familiar. Phips, it is true, was a native of 
the colony ; but there was a vast difference between a rough 
sea captain for whom a lucky adventure had won a title, and 
the son of the second governor of Massachusetts, who had 
family connections, education, and long experience both in 
England and America at his command. Bellomont, perhaps, 
had as high ideals of the duties and functions of a colonial 
governor ; but without support from England, and entirely 
dependent upon the annual grants of the Assembly, he had 
been unable to withstand the pressure. As has been shown, 
during his nine years' residence in England Dudley had gained 
new and influential friends, men who stood high in the councils 
of Queen Anne, while Blathwayt, his former friend and patron, 
remained his constant supporter. In addition, Dudley was a 
wealthy man. Just how great an estate he possessed at this 
time cannot be ascertained ; but, as has been seen, his income 
was sufficient, — with difficulty, it is true, — to support him 
and his son Paul in England, and had allowed him to become 
a member of Parliament. Life in Boston was vastly less 
expensive than in London, and Dudley found it easy not merely 
to exist upon his private income, but to pass as one of the 
wealthy men of the colony. Thus in ability, experience, and 
fortune Dudley differed from the previous governors of Massa- 
chusetts and from his needy contemporaries in the neighboring 
provinces, and hence entered upon the political struggles with 
better prospects of success. 

Relying upon such support, Dudley at once adopted a 
vigorous tone with the General Court, and invited rather than 



86 THE PUBLIC LIFE OF JOSEPH DUDLEY 

avoided opposition. Following the example set by Bellomont, 
he summoned the representatives to the council chamber, 
where he addressed them. In this first address there was no 
apology or regret for his previous career, and no attempt to 
conciliate the men who twelve years before had sent him a 
prisoner to England. On the other hand, there was no exulta- 
tion at his triumphant return, or any hint that his former 
opponents would suffer, or his present supporters be rewarded. 
Almost like a stranger, and entirely like a royal official, he 
discussed the position of Massachusetts and set forth what was 
expected of her. Massachusetts, he said, was not so profit- 
able to England as the southern colonies were ; therefore let 
the trade which this colony could supply, particularly in 
the matter of naval stores, be fostered. Above all, he cau- 
tioned, have "care that our Trade be kept within the Strictest 
Bounds of all Acts of Parliament and that all false Trade and 
piracys be with utmost diligence prevented and Supprest." 
After touching upon the possibilities of war and the need of 
fortifications on the northern frontier, a much-debated point, 
he boldly attacked the question of the settlement of the gov- 
ernor's salary, which previous governors, acting upon royal 
instructions, had been unable to obtain. ''Since this Prov- 
ince," he said, ''is so particularly favored by the Crown in 
more instances than one, their ready obedience is justly 
expected in this, and all other Occasions." ^ 

Thus at the very first meeting of the General Court, Dudley 
adopted a tone and urged policies which were bound to bring 
him into conflict with that assembly and to render his admin- 
istration difficult. From a reading of his instructions, how- 
ever, it is hard to see how he could have done otherwise ; and 
perhaps he took this course willingly, believing that under his 

^Records of the General Court (Ms.), vii. 289, June 11, 1702. 



GOVERNOR OF MASSACHUSETTS 87 

management the recalcitrant Court of Massachusetts might 
become more obedient and loyal. 

In his management of the assembly, Dudley displayed not 
merely the characteristics that he had shown in his previous 
career, but a keen appreciation of his position as the executive 
of the crown. He was always to be found on the side of pre- 
rogative, whether it was his own or whether it was connected 
with the rights of the Council, the officers, or the judges. He 
unfailingly attempted to carry out his instructions and com- 
mands from England, and never, except on the salary question, 
would submit to a compromise. He preferred, when it came 
to a question between obedience to the commands of the queen 
and compliance with the desires of the assembly, to insist upon 
the former, even at the expense of unpopularity and defeat. 
To this characteristic was due much of his unpopularity among 
the colonial politicians, but also to this he owed the support 
that was given him in England, which enabled him to 
maintain his position so long in the face of determined 
opposition. 

Although this position and the policies that he urged 
brought him into frequent collisions with the General Court, 
Dudley was enough of a New Englander to understand the 
people and to recognize the burdens which his policies entailed. 
Whenever the assembly adopted them Dudley was honest 
enough to report the same to the Board of Trade and to give 
the people just credit. In 1704, for example, he wrote to the 
Board, "I must doe the Assembly here that justice to say 
that though they have not obeyed Her Majesty in providing 
for my support here, they have very frankly submitted to my 
appoytment at all times for the numbers of men and their sup- 
port."^ Such a frank recognition, which he took care to have 

^ Board of Trade, Papers, New England (Ms.), 12, P. 6. 



88 THE PUBLIC LIFE OF JOSEPH DUDLEY 

placed on the records of the Court/ was doubtless appreciated 
by the House, and made it somewhat less bitter than the 
words of its addresses and protests, framed by the politicians, 
would lead the reader to suppose. 

His relations with the Council were on the whole friendly ; 
but this harmony was due more to the weakness of the Council 
and its jealousy of the lower house than to any popularity 
of his own. He was, however, in his relation to the Council, 
in a more difficult position than any other provincial governor 
in America. In all the other colonies save Connecticut and 
Rhode Island the councils were appointed by the proprietors 
or the crown, on the nomination of the governors. The charter 
of Massachusetts, on the contrary, provided that the Council 
should consist of twenty-eight men elected by the House 
with the approval of the governor; but, as the veto of the 
governor had been used in only one instance,^ the representa- 
tives had come to regard it as their privilege to elect whom- 
soever they chose to the Council. 

Dudley at once recognized the difficulties of his position and 
the anomaly of having the councillors depend for their seats 
upon the will of the House. In one of his first reports to the 
Board of Trade, he wrote in discouraging language concerning 
the cooperation of the Council in military affairs. "I am 
morally Assured," he declared, "before I Enter upon it with 
them, that I shall not obtain one Voice of a Councillour, for 
fear of their precarious places depending upon the peoples 
voices and so Her Majesties aflfairs here will unavoidably 
suffer till the Councill here shall value their Duty more than 

^ Records of the General Court (Ms.), viii. 105. 

* Phips had removed Cooke. This is the only actual removal, but in Sewall's 
Diary, May 29, 1701, is this entry: "L' Gov"^ Aproves all but Mr. Corwin, 
and to him he demurrs, taking some time of Consideration" (Massachusetts 
Historical Society, Collections, 5th Series, vi. 34). 



GOVERNOR OF MASSACHUSETTS 89 

their Situation, or Depend absolutely upon her Majesties 
Appointment."^ Three months' experience in Massachusetts 
but convinced him that this method of choice was undesirable, 
not simply because of the Council's subserviency to the House, 
but also because of the character of the councillors chosen, 
and he thus reported : "As in this province the Council being 
of the Peoples Election many of the Most loyall Persons, and 
of the best Estates are not Imployed, and those that are so 
many of them are Commonwealthmen, and all so absolutely 
Depend for their Station upon the People that they dare not 
offend them, and so Her Majesty has no manner of service from 
them nor Cou'ntenance to Her Majesty's affairs." ^ 

It is not strange, therefore, that, when Dudley found him- 
self thwarted by the Council, he should have made use of his 
prerogative. This he did in 1703 by refusing to confirm five 
men as being either of poor estate or disaffected to the gov- 
ernment.^ In the case of Cooke, who had opposed the charter 
consistently, and was leading the opposition in the House, 
Dudley was undoubtedly right. Perhaps, however, he 
pushed his resentment too far when he refused Peter Sergeant, 
who had married the widow of his old enemy Sir William 
Phips ; yet it must be remembered that Sergeant was opposing 
the governor on the question of fortifying the northern posts 
and was urging the Council to join in the opposition."* In 
any case, Dudley was within his legal rights, and the House 
was forced to comply, though unwillingly. This prerogative 
Dudley continued to exercise throughout his administration: 
during his term of service Cooke never sat in the Council; 

* Board of Trade, Papers, New England (Ms.), 11. L. 12. 
^ Ibid. 12, M. 10. 

^Records of the General Court (Ms.), vii. 385, May 27, 1703. 

* Board of Trade, Papers, New England (Ms.), 13, Q. 78. 



90 THE PUBLIC LIFE OF JOSEPH DUDLEY 

but through the activity of Sir Henry Ashurst, the Board of 
Trade hinted that Dudley had better admit Sergeant, which 
he did in 1707. Thus his control over the Council was partly 
due to his repeated use of the veto over the choice of coun- 
cillors, so that he forced the House to elect a Council which 
should, as his instructions required, be "well affected" to 
the government. Not that all the councillors were his sup- 
porters ; but Dudley saw to it that none of the open enemies 
of the government or any persons implacably hostile to himself 
had seats. 

This Hberal exercise of the right to refuse to confirm coun- 
cillors precipitated an open breach with the House. Though 
forced to acquiesce in the governor's action, the House hated 
him for the exercise of his legal power. As a matter of fact, 
the election of the Council by the House was to weaken one 
of the means of influence that in other colonies was at the 
command of the royal governor. This was seen by Colonel 
Quarry, the successor of Randolph, who reported that it was 
impossible "for any Governour to serve the Interests of the 
Crown under the present Constitution of that Government, 
for as long as they have the choice of the Council . . . they 
have nothing to hope for or fear from the Queen's Govern- 
ment."^ Dudley himself reported in 1703, "It is every 
day now more Apparent that nothing will proceed well here 
till Her Ma*^ will please to name her owne Council, the best 
men in the province can have no Share in the Civil Governm* 
till then."^ By the "best" men Dudley meant his partisans, 
who, had they been in the Council, would doubtless have 
made his path smoother. Yet throughout his administration 
the councillors supported him on most questions, not merely 

^Massachusetts Historical Society, Collections, 3d Series, vii. 229. 
* Board of Trade, Papers, New England (Ms.), 12, N. 22. 



GOVERNOR OF MASSACHUSETTS 91 

because they needed his confirmation, but usually because of 
his skill and tact in dealing with them. When these failed, 
an outburst of temper or some high-handed action would some- 
time win him the victory. 

In dealing with the House, Dudley used much the same 
method. He invariably insisted upon his prerogative, not 
only in the use of the veto, but also in military affairs and in 
purely executive acts. In these attempts he was aided by the 
Council, which usually sided with him in his disputes with the 
House, and always when the dispute was over a question of 
prerogative. At the first session of the General Court in 
1702, the House not only refused to comply with the recom- 
mendations of the Council concerning the fortification of 
Pemaquid, but even refused to hold a conference over the 
matter.^ This action the Council declared to be a ''great 
Infringement on the rights and Priviledges of the Council 
. . . [and insisted] upon the said Conference and Desire 
the Governour to direct it accordingly." ^ On the next day the 
House weakened and ordered the Conference. Again, in the 
summer of 1703 the House amended a tax bill by adding 
the restriction that drafts on the treasury for incidental 
expenses should not exceed eighty pounds. This displeased 
the governor and Council, who voted that the bill be sent 
back and the "Tackage" be removed. Though the House 
attempted to carry the point, it was forced to retract after 
another speech and a message from the governor.' 

The Council regarded itself as the upper house in point of 
dignity, and attempted to force the deputies to attend upon it. 
In 1703 it demanded a copy of an address which the House 
was preparing for the queen. The House refused, saying 

^ Records of the General Court (Ms.), vii. 329. 

^ Ihid. November 3. ^ /j^-^ ^jg^ j^jy j^^ ji, 22, 1703. 



92 THE PUBLIC LIFE OF JOSEPH DUDLEY 

that its journal was on its table and that the councillors could 
come and examine it for themselves. After a deadlock of a 
few days the matter was finally compromised by the Council's 
sending a committee to receive a copy from the clerk of the 
House. ^ In 1705, however, the Council failed to support 
Dudley. He was urging that the House take some action 
concerning the queen's commands relating to the question of 
salaries and forts. The House tried to evade the issue by 
alleging a small attendance ; ^ whereupon Dudley called the 
deputies to the council chamber and was "very tort & tight 
in his speech" with them.^ The House returned, and pres- 
ently sent up a long paper denying that the forts were neces- 
sary and asserting that it was one of its privileges to fix the 
salaries as it chose ; and to the governor's mortification, the 
Council concurred with the House in this matter.^ In one 
instance in v/hich the Council had not supported him ade- 
quately, Dudley reported untruthfully that the Council was 
unanimous,^ and thus drew upon himself a vigorous protest 
from a dissenting member.^ 

In spite of these means, Dudley was not always successful 
in gaining his ends. Perhaps the most noteworthy failure, 
aside from the questions of fortifications and salary, was the 
quarrel over the choice of the speaker of the House. The 
governor had continued to strike out Oakes whenever he was 
elected to the Council ; hence in 1 705 the House chose him 
for its speaker. The governor vetoed the choice, but the 

1 Records of the General Court (Ms), viii. 11-12. 

^ Ibid. 149, September 6, 1705. 

' Sewall to Winthrop, September 7, 1705, Massachusetts Historical Society, 
Collections, 6th Series, v. 135. 

* Records of the General Court (Ms.), viii. 150-153, September 11, 12, 1705. 

^ Ibid. 153. 

'Sewall's Diary, November 20, 25, 1707, Massachusetts Historical Society, 
Collections, 5th Series, vi. 202. 



GOVERNOR OF MASSACHUSETTS 93 

House refused to elect any one else or to make any compro- 
mise, though urged by Sewall, who was sent on a committee 
for that purpose.^ There was a long debate in the Council, 
and the question was finally decided against the governor, 
who yielded for reasons thus stated by himself: ''I am very 
well satisfied of Her Maj'^® right & prerogative to Allow or 
disallow the Speaker of the Assembly of this province as well 
as the Council being all elected by the Assembly. Therefore 
I have proceeded as I have done & as far as I can at present 
in this matter but I have the just Sence of the pressing Affairs 
of the War that demand a very Sudden dispatch of this Ses- 
sion, That will not consist of long debates of anything, & 
therefore I shall not delay the Affairs necessary for the Secu- 
rity of the Province which I desire may be first attended. 
Saving to Her Most Sacred Ma*^ her just Rights as above at 
all times." ^ The Board of Trade, to which Dudley reported 
this circumstance, approved his action. "You did well," it 
wrote, "to Assert her Majesty's Prerogative in that particu- 
lar .. . and therefore you may upon the like occassions 
acquaint the Council that it will not be thought fitt that her 
Majesty's right of having a negative upon the Choice of 
Speaker and Counsellours be given up."^ 

There were, however, two points in his instructions on 
which Dudley was unable to force the Court to take action. 
The first was the question of the fortifications at Piscataqua 
and Pemaquid. The defence of the northern frontier had 
been begun by Sir Edmund Andros shortly before the out- 
break of the war between France and England. On his last 

^ Records of the General Court (Ms.), viii. 114-115, May 30, 1705; Sewall's 
Diary, May 30, 1705. 

"^Massachusetts Archives (Ms.), cviii. No. 30. 

* Board of Trade, Colonial Entry Book, New England (Ms.), 41, F. 115. 



94 THE PUBLIC LIFE OF JOSEPH DUDLEY 

journey north, he had estabhshed eleven forts or posts and 
garrisoned them with six hundred men ; but in the following 
year some of these were captured and, the troops being with- 
drawn, the fortifications had fallen into decay. In 1693 Sir 
William Phips renewed the poHcy of Andros and erected a 
fort at Pemaquid from plans furnished him by the English 
government; but his action was regarded by the colonists 
in the light of a grievance and his policy was unpopular. 
Bellomont had not been any more successful ; and just before 
Dudley was commissioned the Board of Trade had presented 
a strong recommendation on the subject to the Privy Council.^ 
The Privy Council had inserted a clause in Dudley's instruc- 
tions upon the matter, and had passed a special order direct- 
ing Massachusetts and New Hampshire to fortify five posts 
on their coasts.^ 

Dudley, moreover, had probably given the Board of Trade 
to understand that he could force the Court to make some 
appropriation ; and certainly he made a gallant attempt, for 
during the first three years of his administration, this ques- 
tion was the leading one. At first it looked as if the governor 
might gain his point, for the Council reported in favor of a 
fort at Pemaquid, and the House, by its refusal to hold a con- 
ference, angered the Council ; but the matter ended in a dead- 
lock, and the Court was finally dissolved.^ Another attempt 
was made in the spring session, but to no effect ; ^ and again 
in the fall the House not only refused to carry out the com- 
mands, but made the Pemaquid question one of the principal 

^ Massachisetts Archives (Ms.), Ixx. 484. For the correspondence before 
Dudley's arrival, see Massachusetts Acts and Resolves, vii. 678-682. 

^Register of the Privy Council (Ms.), Anne, i. 216. 

'November 17-29, 1702, Records of the General Court (Ms.), vii. 347-357- 
See also Massachusetts Acts and Resolves, vii. 739-741. 

* Records of the General Court (Ms.), vii. 366. 



GOVERNOR OF MASSACHUSETTS 95 

features in the address that it was preparing for the queen.^ 
At the summer session of 1705 the governor again urged the 
question, and presented a letter from the queen directing the 
House to make some appropriation for this purpose ; but 
nothing was done.^ Dudley had to confess himself beaten ; 
in fact, he had reported a year before that he was "sorry 
nothing that could be said would move them from a stubborn 
resolved temper, which has possessed the Assembly, that they 
will agree to nothing wherein they may show their obedience 
to her Majesty."^ So, after a struggle of three years, the 
matter was dropped.^ 

Dudley's other failure to carry out his instructions was in 
another inherited dispute. Bellomont and Phips had both 
been instructed to have the assembly fix a definite salary for 
the governor instead of forcing him to depend upon its ap- 
propriations. ^ This the Court refused to do; but Dudley, 
relying upon his influence, desired a special instruction upon 
that subject, and, as has been seen, received one." In his 
first speech to the Court he pointed out that Massachusetts 
was the only province where some stated salary was not settled 
on the governor, and urged that the queen's commands be 
obeyed and a settlement made at once. On June 27 the 
House made him a present of five hundred pounds, but nothing 
was said about a settlement.^ In the fall session the governor 

^ Ibid. viii. lo-ii. 

^Council Records (Ms.), iv. 146. 

* Dudley to Nottingham, April 21, 1704, quoted in Palfrey's History of New 
England, iv. 291 note. 

^ A summary of the legislative proceedings on this question is in Massa- 
chusetts Acts and Resolves, viii. 515-519. 

^ For a further account of the salary dispute, containing extracts from the 
archives, see Massachusetts Acts and Resolves, viii. 292-294, 339-341. 

" Reprinted ibid. 293. 

''Ibid. i. 498; and vii. 343, eh. 20. 



96 THE PUBLIC LIFE OF JOSEPH DUDLEY 

renewed his application; but the House replied, "It is not 
Convinient (the Circumstances of the Province Considered) 
to State Salaries, but to allow as the Great and General Court 
shall from time to time see Necessary,"^ The Council tried 
to help Dudley, but the House stood firm not only through 
Dudley's administration but throughout the rest of the colonial 
period. Yet Dudley did not give up the fight, but renewed 
his application at the next session with no better result. At 
the September session of 1703 he was armed with a special 
letter from the queen directing the Court to settle "a constant 
& fixt Allowance to the Govern^"2 The House refused, and 
sent to the queen a long letter claiming that its right to 
grant money as it chose was derived from the reign of Henry 
HI. "We . . . humbly conceive," added the deputies, 
"that the Stating of Salaries [is] not agreeable to her Majesty's 
Interests in this Province, but prejudicial to her Majesty's 
good Subjects."^ 

Dudley did not neglect to present his plight to the Board of 
Trade, which, though sympathizing with him, did not see 
"what more can be done at the present,"^ and later pointed 
out that, as his instructions did not prevent his receiving 
presents, he might so regard the semiannual grants of the 
General Court.^ In 1704, however, Dudley renewed his 
application, and utilized a clause in the last letter from the 
Board of Trade which contained this distinct threat: "For 



1 Records of the General Court (Ms.), viii. 327, November 2, 1702. 

^Ibid. viii. 430, September i, 1703. In April of the same year the Privy 
Council voted to send such a letter, "in which it may be intimated that 
neglect will oblige the Queen to take such remedies as shall be proper" 
{Register of the Privy Council (Ms.), Anne, ii. 156). 

' Records of the General Court (Ms.), viii. lo-ii. 

" Board of Trade, Colonial Entry Book, Hew England (Ms.), 40, E. 208. 

■ '•> Ibid. E. 330. 



GOVERNOR OF MASSACHUSETTS 97 

it is very unreasonable that the Assembly of Massachusetts 
Bay should expect that they should be furnished with Stores 
of War, at Her Majesty's expense, while they of all the col- 
onies in America alone do refuse to settle a salary upon Her 
Majesty's Governour and other Offices there." ^ Even this 
threat had no effect ; and, though the attempt was renewed 
in 1705, the House, this time supported by the Council, refused 
to make any settlement.^ 

The compensation which Dudley received as governor was 
five hundred pounds each year, granted in two appropriation 
bills. Up to 1708 it was customary to grant three hundred 
pounds at the spring, and two hundred pounds at the fall 
session ; but in that year, a change was made and the appro- 
priation was evenly divided. In like manner, the salaries 
of the judges and of all the officers depended not on any 
permanent settlement, but on the votes of the General 
Court .^ 

Though Dudley failed to gain the assent of the Court in 
these two instances, yet in general, he was able to carry out 
his policies. His ability to do this depended upon various 
causes. Throughout nearly the whole of his administration 
he was aided by the fact that England and France were at 
war, and that as a corollary the English and French colonies 
were fighting against each other. As will be shown later, 
Dudley had great influence among the Indians, and possessed 
means of gaining information which enabled him sometimes 
to forestall an impending attack. His plans for the defence 
of New England were sound, and, with the expeditions that 

1 Ibid. 

^Records of the General Court (Ms.), viii. 153, September 12, 1705. The 
whole question is best followed in A Collection of the Proceedings of the Great and 
General Court . . . for fixing a Salary on the Governour (Boston, 1729). 



98 THE PUBLIC LIFE OF JOSEPH DUDLEY 

he sent out against the French colonies, received the enthu- 
siastic support of the colonists. Indeed, he may be said to 
have raised their expectations too high ; for the failure of his 
expeditions, through no fault of his own, reacted against him 
almost to the extent of causing his removal. But his pohcy 
as a war governor was popular, and even his enemies were 
forced to depend upon him for their defence. Thus, as the 
Court found that he was necessary to its safety, its opposition 
to him declined, and during the last years of his administra- 
tion he usually found little difficulty in securing the adoption 
of his measures. As a result of the continual warfare, Dudley 
had it in his power to reward his supporters with offices and 
contracts. There is no evidence that the contracts for the 
army were improperly used; indeed, not the governor, but 
the General Court appointed the commissary general. A 
remark of Dudley's, however, quoted by SewalV gives the 
impression that some of the charges in the "Deplorable State 
of New England" were not altogether without foundation, 
and that the governor had used military commissions to 
strengthen his support. 

Aside from these dubious methods, Dudley was able, by 
his personal tact and charm, to win over more than one of his 
most bitter opponents, and sometimes, by keeping an open 
house and setting a lavish table, to gain the support of the 
country members. There is little necessity for believing all 
the charges against him that were framed by the colonial 
politicians in the heat of conflict. Among a certain class, 
his personal popularity aided him; his family connections 
assured him the support of some of the influential men in 
the colony; and it is evident that he was the leader of a 

1 Diary, June 13, 1712, Massachusetts Historical Society, Collections, sth 
Series, vi. 351. 



GOVERNOR OF MASSACHUSETTS 99 

party on whose support he could rely. He was, moreover, 
a politician, skilled in parliamentary tactics, experienced 
both in Massachusetts and in England; and thus from a 
combination of influences he was able to force a reluctant 
and even hostile Assembly to carry out his policies. 



CHAPTER VI 

JOSEPH DUDLEY CAPTAIN-GENERAL OF MASSACHUSETTS 

Military and Indian Affairs 

It may well be believed that William III consented to the 
appointment of Dudley because of the threatening state of 
affairs in Europe. The death of Charles II of Spain and the 
prospect of the union of that country with France rendered 
ineffective the advantage which William had gained in the 
previous war. The question of the Spanish succession, 
settled by placing the grandson of Louis XIV on the throne, 
made war between England and France inevitable, and it 
hardly needed the recognition of the son of James II as king 
of England to bring on an immediate conflict. Taught by 
the experience of previous wars, both countries saw that the 
American colonies would be involved in the struggle, and 
both countries made plans for their defence. Lord Cutts 
urged the Duke of Marlborough, commander-in-chief of the 
British forces, to request the appointment of Dudley for mili- 
tary reasons. William Blathwayt, who was highly regarded 
by the king, as a member of the Board of Trade and clerk of 
the Privy Council, seconded the nomination of Dudley as 
being a man likely to gain the assent of the colonists to the 
military plans of England. The experience of confiding the 
military operations in the colonies to Englishmen had shown 
England that the colonists were unwilling to follow such lead : 
Andros and Bellomont had not fulfilled her hopes, while, on 



MILITARY AND INDIAN AFFAIRS loi 

the other hand, Phips, a native, had gained Port Royal. 
Hence it seemed possible that in the present crisis, a colonial- 
born, rather than an English governor, would have more 
chance of success. Although Dudley bore a military title, 
he had had practically no experience in military service, and 
it can hardly be beheved that such was expected of him by 
the authorities in England. He had, however, had long expe- 
rience in dealing with Indian affairs, and had proved an ex- 
tremely energetic administrator both in Massachusetts and 
in New York. He was a shrewd politician, skilled in the 
management of men and assemblies, and his supporters in 
England relied upon his abilities to gain the cooperation of 
Massachusetts for the plans of the crown. It was these quali- 
ties, rather than his mihtary experience, that were particularlv 
urged by them. 

Indeed, the position of Massachusetts fully justified the 
appointment of an able Indian negotiator and shrewd parlia- 
mentarian. Until England could detach a force large enough 
to conquer both Canada and the seaboard colony of Acadia. 
Massachusetts, though occasionally striking at the French, was 
obliged to secure her frontiers by controlling the Indians 
either through alliances or through threats of force. Of all 
the Enghsh colonial governors the governor of Massachusetts 
occupied the most difficult position. French expansion had 
not yet become dangerous in the Ohio valley, and Pennsyl- 
vania and Virginia were out of the danger zone ; Rhode Island 
and Connecticut were safely sheltered behind Massachusetts 
and New Hampshire, and were thus able to turn their energies 
to their own domestic concerns. The burden of the war fell 
upon New York and Massachusetts. The governor of New 
York, it is true, was obUged to protect his northern frontier, 
which was accessible by the easy water route of the Richelieu 



I02 THE PUBLIC LIFE OF JOSEPH DUDLEY 

River and Lake Champlain ; but the governor of Massachu- 
setts, who was at the same time responsible for the safety of 
the scattered settlements in New Hampshire and Maine, was 
threatened alike by war parties from Canada on the north, 
and by privateers from Port Royal on the east, which by the 
treaty of Ryswick had been restored to France. It was mani- 
festly impossible for a single military leader to cover such a 
wide frontier ; hence, until the time should come for striking 
directly at the seat of the French power, the activities of the 
governor of Massachusetts were rightly confined to negotiat- 
ing with the Indians, encouraging local resistance, and occa- 
sionally fitting out expeditions to make a demonstration. 
Above all, he must so lead the General Court that it would be 
willing to second any plan that England might adopt, and be 
ready to join in a combined attack upon either Port Royal or 
Quebec. 

The difficulties of the governor of Massachusetts were 
further increased by the attitude of New York. In order 
to protect its own frontier against the invasions of the 
Iroquois and at the same time to gain and enjoy their trade, 
New York made a treaty of peace and friendship with the 
Five Nations. Considered solely as a measure of defence in 
order to utilize the Indians as a buffer against the raids from 
Canada, this step might have been justified; but, although 
New York enjoyed the trade and friendship of the Five Na- 
tions, she could not control their policy, and was unable to 
prevent them from making a similar treaty with the French. 
This neutrahty of the Iroquois was so prized by both the 
French and the English that it brought about a virtual peace 
between Canada and New York, which lasted for five years 
of Dudley's administration. Again and again Dudley and 
the General Court of Massachusetts wrote to New York to 



MILITARY AND INDIAN AFFAIRS 103 

urge the Indians to hostilities against the French; but the 
people of New York, recognizing the value of the protection 
that came to them from the neutrality of the Iroquois, refused 
to comply/ Hence, v/hile Massachusetts found her northern 
frontier ravaged and the Indians her enemies, New York was 
safe and escaped many of the horrors of the war. 

To the French, the value of this neutrality was also clear. 
Secure from Indian attacks on the side of New York, they 
could throw all their forces against the eastern frontier of 
Maine, New Hampshire, and Massachusetts. The advan- 
tages of the position were recognized both at Paris and at 
Quebec, and frequent letters and instructions were sent to 
the commanders directing them never to stir the Indians of 
New York to war, never to allow the Indians on the eastern 
frontier to be neutral, and to concentrate all their energies 
against the people of Boston. In this design they received 
more than purely passive aid from New York ; for the Iroquois 
allowed war parties to pass unmolested through their territory 
on their way east, and kept the northern and eastern tribes 
supplied with arms and ammunition. Thus secure on the 



^ In 1704, Dudley, acting in cooperation with Governor Winthrop of Con- 
necticut, attempted to urge the New York Indians to war against the French. 
Assuming the consent of Lord Cornbury, Governor of New York, they de- 
spatched a joint commission. Cornbury, however, far from aiding the com- 
missioners, took great offence, ostensibly against Livingstone, one of the com- 
missioners ; but it is likely that he was influenced by other than personal 
reasons. Any outside interference would weaken his control over the Five 
Nations, any hostile act would endanger the much-valued neutrality of the 
Indians, and open war would break up the lucrative trade. He therefore 
refused to allow the Indians to take a hand in the struggle ; and without the 
assent of the governor of New York the New England commissioners could 
do nothing. See Massachusetts Ads and Resolves, viii. 100. The correspond- 
ence is given in the Winthrop papers, Massachusetts Historical Society, Col- 
lections, 6th Series, iii. 261 et seq. ; it is also printed, with notes from the Council 
records, in Massachusetts Acts and Resolves, viii. 449-455. 



I04 THE PUBLIC LIFE OF JOSEPH DUDLEY 

New York frontier, the French poured expedition after expe- 
dition into New England. 

An opportunity to pursue a similar policy came to Dudley 
and Massachusetts in 1705. The unfortunate captives of 
the Indian raids were offered for ransom, until, as Dudley 
reported, "the Indians had a better trade of taking Prisoners 
than hunting for Beavers."^ At considerable risk to his 
reputation he refused to ransom any more, but offered a series 
of articles providing for a mutual exchange of English and 
French prisoners.^ In return, Vaudreuil offered, with the 
consent of the king, a treaty of neutrality between Canada, 
Acadia, and New England which would put an end to the 
hostihties of both the French and the Indians.^ These arti- 
cles, however, went beyond a mere neutrality convention, for 
by them the governors agreed that no vessel of one colony 
should fish in the waters of the other. This provision was 
manifestly more favorable to the French than to the English, 
and Dudley would have been justified in refusing to agree to 
the proposed terms on this ground alone ; but Vaudreuil went 
even farther, and offered these articles only on condition that 
Lord Cornbury, as well as Dudley, should ratify them before 
the last of February. The articles were laid before the 
General Court, and a draft of the governor's letter to Cornbury 
was approved ; but four days later a resolution was passed 
condemning the proposed treaty.^ 

Dudley, however, dragged out the negotiations, not with 
any intention of agreeing to such terms or because he felt the 

' Board of Trade, Papers, New England (Ms.), 13, Q. 37. 

2 Ibid. Q. 38. 

^ Ibid. Q. 39; also New York Colonial Documents, ix. 770. Massachusetts 
Acts and Resolves, viii. 541, collates the translation of the treaty given in the 
New York Documents with the French in the Collection de Manuscrits. 

* Massachusetts Acts and Resolves, viii. 149. 



MILITARY AND INDIAN AFFAIRS 105 

need of a treaty, — for he boasted to the Board of Trade that 
with a Httle help from England he could "remove him [Vau- 
dreuil] & all the french from Canada & Port Royal," ^ — but 
rather for the sake of the tranquilHty which the delay tempo- 
rarily gave to the frontiers. Moreover, he utilized this pre- 
tence to gain information concerning the position of the 
French. Thus in 1705, young William Dudley, son of the 
governor, and Colonel Samuel Vetch, who were sent to nego- 
tiate with Vaudreuil, prolonged the negotiations and gave 
great offence to some French officers by studying the river, 
and even, it is asserted, measuring the fortifications.^ In like 
manner at a later date, Pontchartrain expressed his approval 
of the policy which Vaudreuil had adopted of giving the people 
of Boston ''to understand that, if war continued between both 
Colonies, it was solely the fault of the Council of Boston ; so 
as to be able in this way to create division between the people 
and the Council."^ This rather sharp game of diplomacy 
brought little advantage to either side; for, although Vetch 
gained some little knowledge of the St. Lawrence, the great 
expedition of 17 11 was wrecked in spite of his presence. Nor 
did the French succeed in creating discord; for Dudley was 
always able to find and equip troops for his numerous expedi- 
tions, and his plans for the war were accepted both in England 
and in Massachusetts. 

The news of the declaration of war reached Massachusetts 
a few days after Dudley landed, and he at once summoned the 
Court and outlined the scheme which, as captain-general, 
charged with the defence of both New Hampshire and Massa- 
chusetts, he pursued consistently throughout his administra- 

* Board of Trade, Papers, New England (Ms.), 13, Q. 37. 
^ Charlevoix, History of New France, v. 176. 

* June 6, 1708, New York Colonial Documents, ix. 813. 



io6 THE PUBLIC LIFE OF JOSEPH DUDLEY 

tion. Some portions of this policy were dictated by the 
English ministry ; others were plans that had been tried in the 
previous war and were sure to win favor with the people; 
other ideas were Dudley's own, which he was especially chosen 
to carry out. It is much to his credit that he was able to 
weld all these plans into one harmonious scheme, which in 
general he imposed upon New England. 

The defensive features of his plan were partly supplied by 
England, and were partly the result of his own experience. 
The English government was bent upon defending New Eng- 
land by frontier posts, — by forts at Piscataqua and Pema- 
quid, and the castle at Boston. Although Dudley made a 
special journey to view the ruins at Pemaquid, and although 
he repeatedly urged the Court to take some action, he was, 
as has been shown, obliged to report to the Board his failure 
in this direction.^ One reason for his failure lay in the general 
disinclination of the Massachusetts Court to engage in expen- 
sive operations so far from its own borders, and probably, too, 
in a genuine feeling that the fort at Pemaquid would not 
serve as "any bridle to the enemy or barier to our frontiers, 
being out of the usual route of the Indians";^ but Dudley's 
path was not made any easier by the want of tact displayed 
by the engineer Romer, who was sent over by the English 
government to repair the fortifications. Romer's plans called 
for a large expenditure of money, larger than the Court felt able 
to contribute, and his overbearing manner was so irritating to 
the colonists that they took every opportunity to thwart him. 
Feeling the slights put upon him, Romer frequently appealed 
to Dudley, and sometimes directly to England, for support.^ 

1 Board of Trade, Papers, New England (Ms.), ii, M. 13 and N. 13. 
^ Hutchinson, History of Massachusetts, ii. 138. 

3 Bodleian Library, Rawlinson Mss., A. 272, f. 215, 217, 218, 230; Massa- 
chusetts Acts and Resolves, viii. 346. 



MILITARY AND INDIAN AFFAIRS 107 

The governor furthered his plans as far as he could, and had 
the castle at Boston strengthened ; but he was unable to force 
the Court to adopt the measure most insisted on by the 
EngHsh government and fortify Pemaquid. 

In other features of his policy, Dudley was more successful. 
He gained information of the impending Indian raids, and was 
frequently able to warn the threatened locality, and some- 
times even to forestall the blow. He organized a snowshoe 
brigade, and kept a fourth part of the militia of the colony 
ready to march upon twenty-four hours' notice.^ He also 
sent out frequent scouting parties to protect the frontiers. 
Finally, he was a constant and successful beggar. Before he 
sailed from England, he obtained an order from the Privy 
Council allowing him to import powder ; - and he seldom 
failed to include in his reports a request for additional sup- 
plies and stores, which were generally sent according to his 
desire. 

In addition to the purely military plans for defence, Dudley 
evolved a policy from which much might have been expected 
had he been adequately supported by the General Court. 
Early in July, 1702, on his journey to Pemaquid, he held a 
conference with the chiefs of the Maine Indians at which an 
agreement was made that kept the Indians of that region at 
peace during the first year of the war.^ His hope of holding 
them to the English rested upon a plan to win their trade,* 
and to neutralize the efforts of the Jesuit priests by sending 

^ Board of Trade, Papers, New England (Ms.), 12, M. 37. 

^Register of the Privy Council (Ms.), Anne, i. 54. 

' Board of Trade, Papers, New England (Ms.), 11, L. 23. "I have from the 
Assembly their Compliments and addresses of thanks, for . . . the peace 
hitherto with the Indians which was more than they expected and depended 
wholly upon my personall knowledge of them and travail to pemaquid to meet 
them, and that is all I have of them to my support. " — Ibid. L. 23. 

*IbU. L. 5. 



io8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

English missionaries to them.^ Again in the following year, 
Dudley and some of his Council made a journey to strengthen 
the peace which had been made. At Casco he met the chiefs 
from almost all the tribes in Maine, and negotiated what he 
hoped would be a permanent peace with them ; but when the 
visitors learned that the salute fired by the Indians was a 
volley of deadly musket-balls, and that a party of French and 
Indians were on the way to seize them, they had reason to 
doubt the efficacy of the treaty .^ 

Although Dudley's plan was not permanently successful, 
yet his idea was a correct one, as the experience of New York 
showed ; but in executing his schemes he offended the General 
Court to such an extent that successful accomplishment was 
impossible. He denied the Court any share in the appointing 
of commissioners to deal with the Indians, and carried on nego- 
tiations on his own responsibility. In so doing, he was 
technically within his rights; but this proper exercise of his 
prerogative was viewed with such jealousy by the people that 
they refused to adopt his plans for gaining and retaining the 
trade of the Indians, and thus lost the opportunity of winning 
their good will and interest, which might have been sufficient 
to keep them at peace. 

The well-directed policy of the French was more successful 
in dealing with the Indians than were the divided councils of 
Massachusetts. French emissaries were busy in Maine, and 

1 Board of Trade, Papers, New England (Ms.), 12, M. 10. "And yet . . . 
we shall lose them [the Indians] if we have not Ministers amongst them to 
defeat the French Missionaries to whom they are infinitely Biggotted. . . ." 
(extract of a letter from Governor Dudley sent to the Board of Trade by the 
Society for the Propagation of the Gospel, preserved in its manuscript Letters, 

ii- 43)- 

2 Penhallow (History of the Wars of New England ivith the Eastern Indians, 
1859, pp. 16-18) gives an account of this conference, at which he was a par- 
ticipant. 



MILITARY AND INDIAN AFFAIRS 109 

two months after the treaty at Casco Bay, parties of Indians 
led by French officers fell upon the outlying settlements. 
Wells, Winter Harbor, Saco, and other hamlets were attacked, 
and the majority of the inhabitants either killed or taken 
captive. In the following winter the western frontier of 
Massachusetts was invaded. This attack was not altogether 
unexpected, for Dudley had received warnings from Cornbury 
that an expedition was aimed at Deerfield and had sent rein- 
forcements to that town. Nevertheless, a band of French 
and Indians captured the town, massacred about fifty of the 
inhabitants, and set out for Canada with over a hundred 
captives. But Deerfield was not the only town to suffer. 
Every frontier settlement must expect a similar fate, and 
prompt measures for defence and reprisal were taken. Troops 
were stationed in the most exposed localities, patrols went 
from town to town constantly on the alert for war parties, 
small bodies of troops were sent to ravage the territory occu- 
pied by the Indians, and a large bounty was offered for Indian 
scalps.^ The war, if it may be called a war, was little more 
than a series of raids and counter raids conducted on each side 
with unnecessary cruelty.^ 

Dudley's offensive steps were vigorous and promptly taken. 
Under his lead, measures were passed by the Council to en- 
courage privateers and to forestall any attacks of the French.^ 
He was in close touch with the Indians on the north and knew 
that the French were tampering with their fidelity ; ^ and, 

1 According to Penhallow {History of the Wars of New England, etc., 48) 
this was an extremely expensive method of making war, as each Indian taken 
cost the colony £1000 at least. 

- For this warfare the Reverend Solomon Stoddard of Northampton urged 
the employment of dogs, of which the Indians had the greatest terror. See 
Massachusetts Historical Society, Collections, 4th Series, ii. 235. 

' Council Records (Ms.), iii. 338, 350. 

* Records of the General Court (Ms.), vii. 333. 



no THE PUBLIC LIFE OF JOSEPH DUDLEY 

realizing that the struggle was to be a long and protracted 
one, in which all the other colonies would be involved, he 
forced the unwilling Court to allow him to aid the neighbor- 
ing colonies of New Hampshire, Connecticut, Rhode Island, 
and New York if occasion should arise during its recess. ^ In 
so doing, he gave evidence of a broader spirit, which looked 
beyond the interests of Massachusetts to the welfare of the 
other English colonies ; but he also offended the jealous Assem- 
bly, which saw in his act but one of his schemes to aggrandize 
himself at the expense of the people and an example of his 
ambition which was ready to sacrifice their interests for his 
own advancement. 

The first offensive operation on a large scale was undertaken 
in 1704. In the previous year, the House, realizing that the 
chief source of danger lay in the French possession of Port 
Royal, voted that a volunteer expedition be sent against that 
fortress. This action agreed in part with the plans of the 
governor ; for, although he could not countenance an expedi- 
tion directly against Port Royal, the matter being still before 
the queen for consideration, he hoped to utilize this expedition 
against some of the more immediate enemies of the colony, 
the French and Indians of Maine. He therefore fell in with 
the suggestion of the Court and promoted the expedition with 
all his power.- He asked aid from the other colonies, but suc- 
ceeded in gaining only a hundred Indians from Connecticut.^ 
Even these were grudgingly furnished^ and were to be paid 
and equipped by Massachusetts and to be used only to garri- 
son the northern posts of Massachusetts and New Hampshire. 

* Records of the General Court (Ms.), vii. 348. 

2 Speech of Dudley, September i, 1703, ibid. 429. 

'Dudley to Fitz-John Winthrop and replies, December 24, 1703, to Feb- 
ruary 27, 1704, Massachusetts Historical Society, Collections, 6th Series, iii. 
163 et seq. * Winthrop to Ashurst, June 5, 1704, ibid. 212. 



MILITARY AND INDIAN AFFAIRS iir 

The leader chosen was Major Benjamin Church, who had 
been a noted Indian fighter in King Phihp's War.^ Although 
Church was over sixty years of age and of such unwieldy 
bulk that it required the assistance of a private soldier to help 
him over the obstructions of the trails, he was a popular man, 
and by his popularity drew a mixed mob of volunteers into 
the service. Church begged hard to be allowed to attack 
Port Royal; but this Dudley forbade, directing him to pro- 
ceed against the Indians in Maine. 

A mLxed force of about seven hundred men sailed to Castine, 
where they killed or captured the inhabitants of the fort, did 
some little damage, were guilty of murdering some settlers 
who had already surrendered, and then sailed for Grand Pre 
on the Bay of Fundy. Here they met with some slight resist- 
ance, but were able to burn the houses, destroy the crops, and 
do considerable damage. It was to the credit of Church that 
he restrained the Indians under his command, and contented 
himself with taking off only so many of the inhabitants as 
were needed for the purpose of exchange for the captives of 
the Indian raids. Thus far the expedition was following a 
liberal construction of the governor's plan ; but, at a distance 
from Dudley, Church now decided to try a bold stroke on his 
own account and attempt to carry out his cherished design of 
making an attack upon Port Royal. Aside from the question 
of obedience of orders, the expedition was bound to prove 
futile ; for Port Royal, warned by the fate of the other settle- 
ments, was strongly reinforced and fairly well fortified, and 
Church had only about four hundred men available for land- 
ing. As such a small force would necessarily prove ineffec- 
tive, the officers and captains of the fleet decided that a landing 

^ Church's own account is found in Thomas Church's History of Philip's 
War, 1829, 243-286. 



112 TBE PUBLIC LIFE OF JOSEPH DUDLEY 

was out of the question ; and after bombastically summon- 
ing Port Royal to surrender, Church was forced to sail for 
Boston. 

The governor reaped a just reward for his want of frankness. 
He had utilized the popularity of Church and the enthusiasm 
excited by the prospect of an expedition against Port Royal 
for other ends. A better leader than Church might have 
excited more terror among the Indians in Maine ; but, as it 
was, little harm had been done there and none to Port Royal, 
while the resources of the colony had been frittered away. 
At best the expedition had been a futile one, but some of the 
critics went even farther, and insinuated that Port Royal had 
been spared to serve as a depot for the illegal trade to which, 
as some believed, the governor was a party. Cotton Mather, 
growing cold toward Dudley and repenting his share in helping 
him win his appointment, thus summed up the hostile criti- 
cism : "When Church went with his forces to Port-royal he 
could easily have taken the fort, or done anything in the world, 
but the reason which he has often given for his not doing it is, 
because you absolutely forbad him, you peremptorily for- 
bad him. The cause you assigned was, because the matter 
had been laid before the queen, and the queen had sent over 
no orders for it, and though the queen had sent no orders we 
send with a pretence to take it — But the story grows now too 
black a story for me to meddle with it — The expedition 
baffled — The fort never so much as demanded — An eternal 
gravestone laid on our buried captives — A nest of hornets 
provoked to fly out against us ^ — A shame cast upon us that 
will never be forgotten — I dare not, I cannot meddle with 
these mysteries." ^ 

After the attack upon Deerfield Dudley began to negotiate 

^January 20, 1707, Hutchinson, History of Massachusetts, ii. 135 note. 



MILITARY AND INDIAN AFFAIRS 113 

for the liberation of the captives. He wrote several letters to 
Vaudreuil protesting against the harsh treatment of the English 
prisoners, threatening reprisals, and, after the Church expedi- 
tion, suggesting the possibiUty of an exchange of prisoners.^ 
To these Vaudreuil replied, denying the charges of cruelty, 
accusing the English of murdering in cold blood prisoners who 
had surrendered, and asserting that the French had learned from 
the English the practice of paying the Indians for the scalps 
of their enemies. His letter also contained a slur upon Dud- 
ley's authority which long rankled in the governor's mind : 
''If you were the sole ruler in New England as I am here, I 
would not have hesitated to accept your word and it would 
also have been a pleasure to me to return all your prisoners 
. . . but as you have a council, which is often divided in 
opinion, and where you have nothing more than your vote, 
you ought not to take it ill that I must have assurances for the 
return of the prisoners coming to me, the more so because on 
my side, being the sole master, I am always in a position to 
keep my word." - Nevertheless, Vaudreuil sent the Sieur de 
Courtemanche with instructions to negotiate for a mutual 
exchange of prisoners without regard to numbers, particularly 
for the return of one Baptiste, "without which there will be 
no exchange." This Baptiste was a border rufl&an who plun- 
dered either side as it seemed most profitable, and who had 
been captured by the English in 1702 while he was operating 
with the French.^ The colonists claimed that as a renegade 
British subject and pirate, Baptiste should not be released 
with the other prisoners of war ; but the General Court agreed 

1 These letters are translated from the Collection de Manuscrits, ii. 410 et 
seq., and printed in Massachusetts Acts and Resolves, viii. 497 et seq. "^ Ibid. 

' For the details of the capture, see the petition of John Harraden in Massa- 
chusetts Archives (Ms.), Ixii. 438, printed in Massachusetts Acts and Resolves, 
viii. 278. 



114 THE PUBLIC LIFE OF JOSEPH DUDLEY 

with Dudley and advised him to release Baptiste if the ex- 
change could be effected in no other way.^ 

Dudley, however, sought to gain from Courtemanche his 
consent to the exchange of some of the prisoners, not including 
Baptiste, and in this way to keep the negotiation open. To 
this proposal Courtemanche consented, either in violation of 
his instructions or because he had orders which he did not 
make public. Doubtless both Dudley and Courtemanche 
were inclined to continue the negotiations since a cartel of 
exchange of prisoners was executed by the governors of the 
Leeward Islands and Martinique.^ At all events, even in 
spite of a petition from some of the Boston merchants,^ the 
Court authorized Dudley to prolong the negotiations even if 
he should be obliged to surrender Baptiste. The governor 
sent his son William and Samuel Vetch to Quebec with a 
proposal for the exchange of prisoners (which has unfortunately 
been lost) and a letter from Dudley to Vaudreuil. In the 
letter Dudley took the opportunity to answer the slights that 
Vaudreuil had put upon him. "You go too far in your 
letters," said he, "when you speak of the command that I 
have here as if it were not equal to your own. I have in this 
place all the just and reasonable power than an English gover- 
nor could wish, and find a correspondingly just and reasonable 
obedience ; although by the grace of God the number of my 
people exceeds that of yours tenfold. — the thing which ordi- 
narily constitutes the difficulty of government." * 

^ Massachusetts Acts and Resolves, viii. 120-121, chs. 13, 15; Council Records 
(Ms.), viii. 128. 

2 Printed in Massachusetts Acts and Resolves, viii. 482. 

^Massachusetts Archives (Ms.), Lxxi. 152, printed in Massachusetts Acts and 
Resolves, viii. 511. 

'^Massachusetts Acts and Resolves, viii. 513, translated from Collection de 
Manuscrits, ii. 435. 



MILITARY AND INDIAN AFFAIRS 115 

On November 21 Vetch and William Dudley returned, bring- 
ing not merely a project for the exchange of prisoners, but the 
draft of a treaty of neutrality. This was probably quite 
different from Dudley's proposals ; it was not what he antici- 
pated, and, as has been seen, was not accepted. Thereafter 
the exchange of prisoners was carried on by negotiation for 
individual cases, and no general treaty was made until the 
end of the war, Dudley kept these negotiations in his own 
hands. The messengers were his intimate friends, and, 
though admirably suited for the occasion, did not possess the 
confidence of the colonists ; hence it soon began to be whis- 
pered that the envoys were not confining their activities to 
negotiations for the exchange of prisoners, but were trading 
with the enemy and supplying them with munitions of war.^ 

Such accusations were by no means a novelty in America. 
At the outbreak of the previous war, Andros was accused of 
furnishing the natives with arms and ammunition; and the 
merchants of Albany, more enterprising than scrupulous, did 
not hesitate to send to the north arms which, though designed 
to be used against Canada, found their way to the Indians of 
New England. In the first years of Dudley's administration 
there is no doubt that such trade was going on, and even that 
some eager traders of New England were duplicating the 
methods of the people of Albany. In fact, in 1702 and 1703, 
the Council handed over the suspected merchants to the 
Superior Court for trial.^ The crisis, however, came in 1706 
with the accusation of Vetch ; and the matter is interesting 
not only for the constitutional points involved but for its 
effect upon the governor. 

1 The French authorities also were suspicious of the activities of Vetch, as 
is seen by the letters from the French Government to the governors at Quebec 
and Port Royal. See Collection de Manuscrits, ii. 450-451, translated in Massa- 
chusetts Acts and Resolves, viii. 544. ^ Council Records (Ms.), iii. 327. 



Il6 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

The suspicions of the House were aroused by the frequent 
and prolonged voyages of Vetch ; and it is possible that the 
governor's method of conducting all negotiations without 
reference to the House may have made them more willing to 
believe the idle gossip of the town. At any rate, their sus- 
picions increased to such a feeling of certainty that in June, 
1706, the deputies of their own initiative passed a resolution 
that Vetch should be taken into custody. The Council 
agreed, and the judges of the Superior Court were directed to 
take "caution" of Vetch for his appearance.^ This hardly 
satisfied the deputies, for "most of them were so furious as to 
have him confined in y** stone cage, for fear he should get 
away.^ In addition to Vetch, three other sea-captains and 
merchants were soon arrested. The House, unwilling to 
trust the cases to the Superior Court, continued to take the 
initiative. It ordered a vessel sent out to arrest other suspected 
traders,^ requested the governor to issue a proclamation against 
those of whose guilt it was certain,'* and at the same time and 
in apparent harmony with the Council, proceeded to take 
action against those already apprehended.^ 

The independent action of the House continued; and the 
"parcell of resolute rusticks" on the bench "led the Dance," ^ 
in which, however, the Council joined. A joint committee 
was appointed,^ and the traders were subjected to a sharp 
examination.^ The results proved that there was a just basis 

' Records of the General Court (Ms.), viii. 202. 

''John Winthrop to Fitz-John Winthrop, June, 1706, Massachusetts His- 
torical Society, Collections, 6th Series, iii. 335. 

^Records of the General Court (Ms.), viii. 204. * Ibid. 207. ^ Ibid. 205. 

^John Winthrop to Fitz-John Winthrop, June, 1706, as above; Sewall's 
Letter-Book, Massachusetts Historical Society, Collections, 6th series, i. 2)2>Z- 

'June 24, 1706, Records of the General Court (Ms.), viii. 205. 

*The examination of Bourland, Lawson, and Coffin is in Massachusetts 
Archives (Ms.), Ixxii. 19, 20, 21, 22. 



MILITARY AND INDIAN AFFAIRS 117 

for the suspicions of the House ; for it was found that Vetch 
and three others had been using flags of truce to cover their 
operations and were guilty of trading directly with the enemy. 
As a result of this examination the House "committed them 
one after another as suspected to be guilty of Treason," and 
proposed to try them at the next General Court.^ To this 
proposition the Council agreed;- but Sewall was somewhat 
surprised to hear the governor say that the charter would 
allow this method, for at other times he "used very zeal- 
ously Declame against the Gen. Courts intermeddling with 
any Judicial matter." ^ Orders were accordingly passed by the 
House to draw up bills of attainder and to proceed at the next 
session of the Court, which was then prorogued till August 7.* 
"When the Seventh of August came, many of the Deputies 
were sick of what they had done, and prayd a Conference 
upon that head." ^ This conference was held on August 10. 
The House expressed grave doubts as to the legaHty of the 
proceeding ; but the governor insisted that the deputies were 
within their rights, and on August 13, by a close vote of nine 
to eight, the Council agreed and ordered the trial to proceed.^ 
The method of procedure was to summon each prisoner to the 
bar of the House, to furnish him with a copy of the accusa- 
tion, and to allow him to be heard by counsel.^ The House 
at once voted all the prisoners guilty of the charges preferred 
against them, and ordered a joint committee of the House and 



^ Sewall's Letter-Book, as above ; Records of the General Court (Ms.), viii. 221. 
^Records of the General Court, viii. 221. 
' Sewall's Letter-Book, as above, ^:^^, 339. 
* Records of the General Court (Ms.), viii. 224. 
^ Sewall's Letter-Book, as above, 334. 

'Sewall's Diary, August 10, 1706, Massachusetts Historical Society, Col- 
lections, 5th Series, vi. 164. 

^ Records of the General Court (Ms.), viii. 235. 



ii8 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

the Council to prepare a bill of punishment for each one of 
them.^ These bills were enacted on September 8, 1706 ;^ and 
the Court, after vainly trying to vote extra compensation 
to the governor and itself for the trouble taken in the trial, 
was then adjourned.^ 

There is no doubt that Sewall and the minority of the 
Council were correct in their contention that it was not within 
the power of the General Court to try these cases. It was a 
stretch of legal terms to call that misdemeanor which the law 
called treason, and it was entirely contrary to the charter to 
try cases of treason before a legislative assembly. That this 
was an unwarranted extension of the powers of the Massachu- 
setts Court is seen by the action of the Privy Council. When 
the cases came before it the acts were ordered to be repealed, 
the fines were restored and the prisoners released on bail, and 
a new trial was ordered to be held before the regularly author- 
ized court within six months.^ Thus by a burst of bitter feel- 
ing, the General Court had rendered nugatory its whole case. 
When the time for the new trial came, Vetch was commander 
of the expedition against Canada and too important a man to 
be touched by the criminal court. With the failure of his case 
the others were allowed to drop. 

The fact that Vetch was a friend of Dudley and that the 
governor was accused of complicity in the affair, led his enemies 
to conclude that he had procured the trial before the General 
Court knowing that the sentence would be annulled. Sewall, 
who at the time of the trial did not believe that the governor 
was concerned, says that the Council consented to a trial for 

^ Records of the General Court (Ms.), viii. 235. 
^ Ibid. 240; Massachusetts Acts and Resolves, vi. 62-66, chs. 20-23. 
' Records of the General Court (Ms.), viii. 240. 

* Register of the Privy Council (Ms.), Anne, iii. 306 ; Report of the attorney- 
general, Board of Trade, Papers, New England (Ms.), 13, R. 19. 



MILITARY AND INDIAN AFFAIRS 119 

misdemeanor before the Court, out of pity for the prisoners.^ 
Cotton Mather, however, writing a few months later, was not 
so charitable. He accused the governor of favoring a trial 
of this nature (which he had hitherto opposed) solely because 
he hoped that some personal advantage might accrue to him- 
self. Mather asserted that the whole affair was managed by 
the governor.2 If this be true, Dudley was certainly taking 
a great risk, for in the House were his most bitter enemies, 
ever ready to take advantage of every slip. Moreover, he 
would have had to count on the discretion and loyalty of the 
prisoners. Even on the supposition that he had promised 
them his protection and assured them that the acts of punish- 
ment would be disallowed, they were forced to remain in 
prison longer than their terms of sentence required, and by 
the decision given in England, were merely released on bail to 
be tried again. This would have been a severe test for the 
loyalty of an innocent man, to say nothing of criminals, who 
by the exposure of an accomplice might have lightened their 
own punishment.^ 

The failure of the Church expedition and of the trial of 
Vetch and his accomplices increased Dudley's difficulties. 
Indian raids continued, though Dudley reported that he was 
''in a much more Secure posture than in any former Warr 
and the people very easy and Satisfied."* Still he was not 
content, but made far-reaching plans which he urged the 
English government to adopt. On October 8, 1706, he asked 
for English aid to subdue Canada and Nova Scotia, "without 

^ Sewall's Letter-Book, Massachusetts Historical Society, Collections, 6th 
Series, i. 334. 

^Mather to Dudley, January 20, 1707-1708, ibid, ist Series, iii. 126 et seq.; 
Hutchinson, History of Massachusetts, ii. 148. 

^ For Dudley's report to the Board of Trade, see below, pp. 132-133. 

* Board of Trade, Colonial Entry Book, New England (Ms.), 41, F. 228. 



I20 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

which it were better if her Maj'^'' see meet that I did accept 
the Truce they have offered mee . . . not [that] they can do 
me any great mischief, but [put] mee to an Infinite expense to 
guard The Frontiers . . . and they know that tho I [have] 
men enough I cannot ruin Quebec without four or five of her 
Majestys ships & Some Mortars." ^ This plan of striking 
directly at the seat of the danger was a favorite one of Dudley's 
which offered the true solution of the problem, and when 
fairly adopted by England and executed by skilful commanders 
brought about the final conquest of Canada. 

Without waiting for the aid which he had asked from Eng- 
land, Dudley decided, perhaps because he felt that he must 
do something to increase his prestige, to make an attempt on 
his own account, and to utilize the war spirit of the colonists. 
Early in 1 706-1 707 he was in secret communication with 
Fitz-John Winthrop of Connecticut, asking him to influence 
that colony to join with Massachusetts in making a combined 
expedition.^ Winthrop's reply was characteristic of the 
attitude of Connecticut, and showed how bitterly the colo- 
nists resented the restoration of Port Royal after the Peace of 
Ryswick. "The temper of our people," he wrote "(tho very 
stout) is generally very thoughtfuU and cautious; and 'tis 
possible some may insinuate that tho' wee should succede in 
the designe, yet if vpon the conclusion of a peace (w''^ one 
would think not far off) it should be restored to them, the 
hon"" of our succes will soone be forgotten, and wee should 
much resent that we haue lavisht our blood and treasure."^ 
Again, on April 4, Winthrop officially communicated the 
decision of the Connecticut Assembly, that under the circum- 
stances, they could not assist in the design.'* 

1 Board of Trade, Papers, New England (Ms.), 13, Q. 60. 

2 Dudley to Winthrop, February 10, 1706-1707, Massachusetts Historical 
Society, Collections, 6th Series, iii. 367. ^ Ibid. 370-371. * Ibid. 376. 



MILITARY AND INDIAN AFFAIRS 121 

The refusal of Connecticut did not discourage Dudley or the 
General Court of Massachusetts, for great care and expense 
were taken to fit out a suitable expedition. This time, profit- 
ing by his previous experience, Dudley submitted to the 
Court the instructions given to the commanders.^ This 
expedition, the largest that Dudley had as yet sent out, con- 
sisted of over a thousand soldiers, chiefly from Massachusetts, 
and was commanded by Colonel John March. With the 
colonial force went the royal frigate Deptford and the province 
galley to act as convoys ; and Colonel Redknap, an English 
engineer, was sent out to supervise the plans of attack. At 
best it was but a band of ill-disciplined and untrained militia 
led by officers who, although they might be good leaders on 
Indian raids, had no experience in handling such a large force 
or in attacking fortified places. That Dudley himself had 
misgivings may be gathered from his address to the Assembly 
a few weeks after the expedition sailed. "I am sensible, ".he 
said, "her Majesties Subjects of these Provinces have not seen 
such regular Service as the Wars of Europe or the present 
expedition may demand but I am well assured of their Cour- 
age." 2 

His fears were fully justified, and even his reliance on the 
courage of the leaders was misplaced. The troops reached 
Port Royal early in June, and a portion of them were landed 
in what proved to be an exceedingly unfortunate position.' 
"Ye DeV I doubt not was y® adviser of it," writes one of the 

1 The Records of the General Court, March 5-23, are full of the discussions 
and plans of the expedition. The instructions are in Massachusetts Archives 
(Ms.), Ixxi. 308-336. 

2 Records of the General Court (Ms.), viii. 296. 

' The most recent full discussion of this expedition is found in Massachusetts 
Acts and Resolves, viii. 668-696, 715-718, 722-751, where are reprinted at length 
selections from the records of the Court and from the Massachusetts Archives. 



122 THE PUBLIC LIFE OF JOSEPH DUDLEY 

party. The landing party fell into an ambush, and the 
artillery was not disembarked when it should have been, for 
" the De^ was still doing his work." Colonel Redknap and 
the colonial commanders disagreed in the placing of the 
batteries, and Redknap "showed Spiteful Temper." Frequent 
councils were held, and at last a plan of action was agreed 
upon; ''but at night a Maggot bitt Some people & a Council 
was held and all revoked W^ they had done." In the skir- 
mishes the men fought well ; but they were poorly led, for 
the general was ''both Boy & Fool Ridden." The expedition 
retired to Casco Bay and a delegation was sent to Boston to 
explain the failure, a delegation whose ''Designes . . . [were] 
Precarious, Ambiguous, Mental Selfish & I really doubt 
Devilish." 

This account, taken from "a letter from a Gentleman in the 
Army to his friend in Boston," ^ quite agrees with the reports 
sent by William Dudley to his father.^ Raw militia and in- 
experienced commanders were poor material with which to 
besiege such a post as Port Royal. Colonel March was 
at best incapable, but his vacillation and practical cowardice 
prevented any cooperation with the other commanders. 
When the delegation reached Boston it was greeted with hoots 
and jeers, and Redknap, to free himself from blame, declared 
privately to Winthrop that he had done as much as his orders 
allowed.^ Dudley acted with promptness : he heard the 
report, called a general council of the officers, and sent a com- 
mission of popular leaders to retrieve the error. Under the 
lead of this commission another attempt was made on Port 



^ Massachusetts Archives (Ms.), Ixxi. 355. 
^Ibid. li. 164, Ixxi. 351-355. 

^John Winthrop to Fitz-John Winthrop, July, 1707, Massachusetts His- 
torical Society, Collections, 6th Series, iii. 387. 



MILITARY AND INDIAN AFFAIRS 123 

Royal, but after considerable skirmishing and some destruc- 
tion of property the expedition returned to Boston.^ 

This second failure was a blow to Dudley's prestige, but he 
put the best face possible upon it. He attempted to reach the 
guilty officers by courts martial, and told the General Court 
that, although he had not accomplished all he had hoped for, 
yet he had destroyed the estates of the French round Port 
Royal. He took the same line to the Board of Trade, He 
was loyally silent concerning the inefficiency of the com- 
manders, attributing the failure to the lack of heavy guns. 
He enlarged upon the great destruction of French property, 
the small loss to his own force, and the numbers of prisoners 
he had taken, and concluded, "and so I must be content for 
this winter."^ 

Though discouraged by this second miscarriage of his plans, 
Dudley did not lose heart. In fact, the disaster taught him 
the much-needed lesson of the necessity of having able com- 
manders and aid from England. Two years later, therefore, 
when the colonists sought to free themselves from the danger 
of French invasion, they asked the aid and cooperation of 
England. In October, 1708, the General Court prepared an 
address to the queen asking for aid to drive the French from 
Canada.^ The bearer of the address, curiously enough, was 
Samuel Vetch, who had been released from his imprisonment 
by order of the Privy Council. Vetch had married into the 
Livingstone family and was, with his father-in-law, interested 
in the Canadian trade ; he was also, as has been seen, employed 
by Dudley in his negotiations with Vaudreuil.^ Thus by 

^ In the Board of Trade's Papers, New England (Ms.), 13, R. 57, there is an 
account of "The Shamefuhiess of the Port Royal Expedition." 

2 Ihid. R. 35. ^ Ibid. 14, S. 50. 

* See memoir and papers relating to Vetch, in Nova Scotia Historical So- 
ciety, Collections, iv. 11-112. 



124 THE PUBLIC LIFE OF JOSEPH DUDLEY 

knowledge, experience, and influence he was well qualified to 
urge the plans of the colonists. The reception of his proposals 
more than justified the confidence which the colonists had put 
in his abilities; for, with the encouragement given him in 
England, the plan to conquer Canada widened until it in- 
volved the expulsion both of the French in the north and of 
the Spaniards in the south, ^ To this the English government 
agreed, and the queen directed that circular letters should be 
sent to the governors of all the colonies north of Pennsyl- 
vania commanding them to give assistance as Vetch should 
require it.^ 

Early in April the Dragon arrived in Boston with the com- 
manders Vetch and Nicholson on board. A council meeting 
was held on April 13, at which the English officers were pres- 
ent; and during the succeeding weeks the Council issued 
many orders carrying out the suggestions of Vetch.^ Dudley, 
Vetch, and Nicholson were apparently acting in perfect accord, 
and Dudley took every opportunity to show them honor, 
much to the disgust of the colonists ; * but though he was evi- 
dently partial to the British commanders, he saw to it that 
the pay of the colonial officers should be raised so that they 
might "look like British Officers With whom they must now 
be joined, That they be not disparaged in the Service."^ 
The General Court met on May 25, and on the following day 
Dudley began to urge the passage of the bills necessary to 
raise and equip the required force. Under his lead the Court 
authorized the raising and equipping of a force of nine hundred 
men, the fitting out of transports and hospitals, and the seizing 

1 Parkman, A Half -Century of Conflict, i. 130. 
^ New York Colonial Documents, v. 70. 
' Council Records (Ms.), v. 54 et seq. 

^ Se wall's Diary, July 21, 1709, Massachusetts Historical Society, Collec- 
tions, sth Series, vi. 259. ^ Records of the General Court (Ms.), viii. 456. 



MILITARY AND INDIAN AFFAIRS 125 

of provisions to be paid for at a fixed price. ^ Although the 
Court thus loyally seconded Dudley, these measures were not 
popular with the Boston merchants, and the Council found 
considerable difficulty in enforcing them.^ 

The attack upon the seaboard colonies was but a part of 
Vetch's plan. While Port Royal was to be threatened by 
Massachusetts, a combined attack from New York was to be 
made upon Canada in concert with the Iroquois, This part 
of the plan was intrusted to Nicholson ; but, though he reached 
Lake Champlain, he did not dare to move farther until he 
heard that the combined British and colonial forces had left 
Boston. Throughout the summer of 1709 the force under 
Nicholson lay at Wood Creek and was decimated by disease ; 
while during the same time the Massachusetts forces were 
quartered in Boston and the provisions were on shipboard. 
At length, at the October session of the Court, Dudley was 
obliged to announce that word had come from England that 
the fleet had been diverted. At a council of officers Dudley 
urged that an attempt be made upon Port Royal with the 
forces already under arms ; but the Enghsh officers refused to 
sanction this step, and some of the colonial vessels sailed away.^ 
Dudley continued to urge his plan upon the General Court ; but 
the Representatives refused to comply, and after some futile 
debate he was forced to sign the warrant disbanding the troops.^ 

Again Dudley had been unfortunate, but his plans had 
failed this time through no fault of his own. The expense to 
the colony had been heavy, — sixty thousand pounds, he 
reported to the Board of Trade ;^ but this had been granted 

' Ibid. 431, 446, 458. 

2 Council Records (Ms.), v. 79-80. 

3 Records of the General Court (Ms.), viii. 477. 
'^Ibid. 477-482. 

* Board of Trade, Papers, New England (Ms.), 14, S. 60. 



126 THE PUBLIC LIFE OF JOSEPH DUDLEY 

cheerfully in the hope that ''that nest of Spoilers so near us" 
might be destroyed.^ The colony was again disappointed, 
but in the face of such disappointment it speaks much both 
for Dudley's tact and for the sense of justice of the colonists 
that their displeasure was not vented upon him. Although 
the merchants might complain at the prices established by 
the Court and Sewall grow petulant at the entertainment of 
the British officers, there was surprisingly little criticism of 
the governor. It seems to have been tacitly admitted that 
he performed his difficult part with remarkable discretion. 

In reporting the expense of this attempt Dudley declared 
that it had been borne cheerfully in the hope that another 
expedition might be sent in 1710 which would bring about the 
reduction of Canada ; ^ and the General Court had already 
sent an address to the queen requesting aid for the enterprise. 
This time, warned by experience, the Court made few prepa- 
rations until the fleet was actually in the harbor. Then, in 
the last weeks of July, arrangements were hurried. The 
queen was thanked for her generosity and assured that she 
would find the colony both ready and willing to cooperate 
with the royal force. The House then postponed consideration 
of all measures that had been assigned to this session in order 
that it might be able to give its undivided attention to military 
affairs. A force of nine hundred men was voted, and, as 
extra inducements to enlist, a month's pay was given in 
advance, freedom from impressment for three years was guar- 
anteed to the volunteers, and the troops received as a personal 
gift the arms furnished by the colony for the expedition. 
Provisions were again to be seized and to be paid for at fixed 
prices, soldiers were quartered upon the inhabitants of Boston, 
and bills of credit were issued to the amount of fifteen thou- 

1 Board of Trade, Papers, New England (Ms.), S. 41. "^ Ibid. S. 60, S. 88. 



MILITARY AND INDIAN AFFAIRS 127 

sand pounds.^ On September i the expedition sailed from 
Boston, and on the 25th the troops were disembarked before 
Port Royal. The men were well placed, the fire from the 
heavy guns soon forced the French commander to surrender, 
and Port Royal was in the hands of the English for the third 
time.^ 

Massachusetts and Dudley were greatly relieved and rejoiced ; 
not only was the "nest of Spoilers" destroyed and the danger 
of French invasion removed, but the fisheries of the colony were 
much enlarged. The General Court hastened to thank the 
queen for the capture of Port Royal and to suggest that the 
fruits of the victory be secured by the establishment of an 
English colony there ; and, having gained this decisive victory, 
both the Court and Dudley urged that another expedition be 
sent against Quebec.^ The representations of the Massachu- 
setts assembly fell in with the desires of the English ministry. 
It was decided that a large expedition should be sent to conquer 
Canada and put an end once for all to the danger of French 
invasion from that quarter. Practically the same plans were 
adopted that had been tried in the expedition of 1709. An 
overland expedition was to go from New York up the valley 
of the Hudson River, while a great fleet from England was to 
ascend the St. Lawrence and attack Quebec. The expedition 
was well devised and well equipped, but most unfortunately 
commanded; "Jack" Hill, the brother of Mrs. Masham, the 
favorite of the queen, and Sir Hovenden Walker, two men of 
notorious incompetency, were picked for the leaders. 

So well were the plans of the admiralty concealed that not 

^ Records of the General Court (Ms.), ix. 57-66 et seq., July 20 to August 23. 
2 Nicholson's Journal is in the Board of Trade's Papers, New England (Ms.), 
14; T. 13; and also in Nova Scotia Historical Society, Collections, i. 59-104. 
'Records of the General Court (Ms.), ix. 76. 



128 THE PUBLIC LIFE OF JOSEPH DUDLEY 

till Nicholson landed at Boston did the colonists believe that 
the fleet would be sent. Though the House at once voted to 
raise a force of nine hundred men and a hundred Indians, it 
urged Dudley to represent the poverty of the colony at a 
military conference which was to be held at New London.^ 
Before Dudley could return, the fleet arrived at Boston. 
Once again the Court responded to his urging. Bills of credit 
for forty thousand pounds were issued, the merchants subscribed 
to a popular loan, and the commissary officers were author- 
ized to break in and seize the necessary provisions if these 
could not be purchased at the prices fixed by the Court.^ 
In carrying out these directions, Dudley encountered consider- 
able opposition, which was not diminished by the overbearing 
manner of the British ofiicers; so that all concerned were 
glad to see the fleet leave Boston, June 30, 1 7 1 1 . 

Though Vetch, who was brought on from Port Royal to 
command the colonial detachment, had been on the river 
many times, his advice was not utilized, and eight or nine of 
the transports were wrecked ; whereupon Hill and Walker, 
although they still had a large force at their command, decided 
to retreat.^ Thus the efforts of the colonists were again 
wasted, and an increased debt was the sole result of the expe- 
dition. 

If Dudley's career as a captain-general be judged by the 
expeditions with which he was connected, it was a lamentable 
failure. Yet he never pretended to any military ability, nor 
was such expected of him. His talents lay rather in an ad- 
ministrative line ; and from this point of view his career was 

^Records of the General Court (Ms.), ix. 119. 
'Ibid. 127-131. 

^ Vetch's Journal is in British State Papers, America and West Indies (Ms.), 
561, pp. 271 et seq.; also in Nova Scotia Historical Society, Collections, iv. 105- 



MILITARY AND INDIAN AFFAIRS 129 

by no means an unsuccessful one. While he was governor, 
numerous and large expeditions were raised and equipped 
in a colony already burdened with debt and deserted by her 
natural allies; but the credit for this is due as much to the 
people of Massachusetts as to Dudley, and perhaps a more 
popular man could have done even better. Yet his efforts 
were appreciated both in Massachusetts and in England ; and 
his schemes for conquest, though sometimes foiled by the 
choice of improper leaders, were those which the English 
government approved and ultimately adopted in the final 
conquest of Canada. 

One of the qualities that aided Dudley in gaining his ap- 
pointment was his ability to deal with the Indians. No man, 
it was said, was fit to manage Indians unless he had eaten a 
bushel of salt; and ''Coll. Dudley had eat more as two," 
wrote one of his enthusiastic admirers.^ His experience in 
Indian affairs was long and varied. During King Philip's 
War he was one of the commissioners of the Massachusetts 
Court ; as an Assistant he and Stoughton were constantly 
employed on Indian affairs; while in New York he was one 
of the Indian commissioners ; and he still retained his power, 
as will be seen in his ability to influence the Mohegan Indians 
in order to further his own ends. As governor of Massachu- 
setts, he had ample opportunity to display his talents. In 
one of his first speeches to the Assembly he informed the 
deputies that he had heard from secret intelligence that the 
French were tampering with the neutrality of the Indians ; ^ 
and one of his first acts was to make a journey to Maine to 
try to dissuade the Indians from joining with the French. 

^ Godfrey Dellius to Paul Dudley, September 16, 1701, Massachusetts His- 
torical Society, Collections, 6th Series, iii. 520. 
* Records of the General Court (Ms.), vii. 333. 



130 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Although he was not successful in this particular instance, 
there is ample evidence that he had great power over them. 
Throughout his whole administration he kept in close touch 
with the Schuylers at Albany, who were sometimes able to warn 
him of an impending raid.^ Moreover, it is possible that he 
may have taken advantage of the good-will of the Nipmucks ; 
for there are instances in the Council records of Indians from 
that region bringing information to the governor, and it is 
certain that he took great interest in this feature of his admin- 
istration, personally directing the Indian scouts and spies.^ 
Although profiting by his influence with the Indians, his 
enemies did not hesitate to charge him with improper corre- 
spondence not merely with the Indians, but with the French as 
well ; and he was accused of permitting, if not inciting, some 
of the attacks upon the colony.^ 

In his management of the Indians, Dudley developed a 
sound policy. It was his purpose to estabhsh trading posts in 
the Indian country, to get first their trade and friendship and 
then their aid against the French. This idea he broached at 
the first meeting of the General Court in 1 702 ; ^ but the 
Assembly disapproved and the matter was dropped until the 
close of the war. At the first Court after the peace, Dudley 
revived his scheme.^ There were complaints that fishermen 
sold brandy to the Indians and caused many disturbances,® 
and that the Indians were becoming disgusted with their deal- 

^ Council Records (Ms.), iv. 371. 

2 Ibid. iii. 420, 422. 

3 See A Memorial of the Present Deplorable State of New England, 12-13; 
Dudley "could prevent the Indians and French from coming upon us"; he 
"had Correspondence with a Fryer or Jesuit . . . and hath great influence" 
over the Indians. 

■* Council Records (Ms.), iii. 362. 

^ May 27, 1713, Records of the General Court (Ms.), ix. 271a. 

^Massachusetts Archives (Ms.), li. 265. 



MILITARY AND INDIAN AFFAIRS 131 

ings with the colonial traders and might resume their trade 
and intercourse with the French. Dudley at first proposed 
that the Court admit the Indians to trade under strict regula- 
tions. To the first part of this proposition the Court agreed, 
and voted to admit the Indians to trade. ^ But a free and un- 
restricted trade was not what the governor wanted ; he desired 
that a trading post should be estabhshed having a monopoly 
of all the Indian trade and that it be kept under strict govern- 
mental control. To this the Court would not agree, but as a 
temporary compromise, voted that the governor might license 
certain persons not connected with the government to trade 
with the Indians.^ In the following year, Dudley renewed 
his application for a trading house, to be managed by an officer 
who should have no interest in the profits made at the post ; 
by this means he hoped to establish peaceful relations with the 
Indians and to gain their trade, which was in danger of going 
over to the French.^ Though the Council at first supported 
the governor, the House was firm, and the matter ended in a 
defeat for Dudley ; for on June 18 the House voted to admit 
the Indians to trade with any one or in any part of the prov- 
ince.^ 

It is probable that the deputies believed that the governor 
had eaten his "bushel of salt," and saw in this measure but 
another one of his attempts to benefit himself. Had his plan 
been adopted, it is certain that the door would have been open 
for some corruption, that places would have been made for the 
governor's supporters, and that his interest would have been 
strengthened. On the other hand, it is equally certain that 
Dudley's plan was a wise one, for it was used with remarkable 
success both by the French in Canada and by the English in New 

1 Records of the General Court (Ms.), ix. 315. ^ Ihid. 375, May 26, 1714. 

^Ibid.s40. ^ Ibid. 376. 



132 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

York. The General Court was jealous of the executive power, 
and the trading class was so anxious for gains that Dudley's 
well-tried plan was never put into effect in Massachusetts ; 
but the Indians were left to the mercy of the frontier traders, 
who were practically uncontrolled by the government. 

NOTE 
Dudley's Report to the Board of Trade, October 8, 1706 

... I had a Nimiber of French Prisoners belonging to Port 
Royale, And they near an Equale Number of our men, And Some 
that belonged to Virginea taken at Sea, which I was willing to 
exchange, and accordingly sent a Sloop to Port Royale on that 
Score, The Master I employed was one Rouse who foolishly & 
wickedly agreed with a Fishing Vessell or Two to follow him, And 
hoping for some gain carried Trade with him, cloathes & Grain, 
And at the same time some other vessell managed by Captain 
Vetch That came from Darien when that place broke up, was 
concerned also ; And Sayled to the Poynt of Cancer on the bank 
of Newfoimdland ; I had soon advice thereof and they were all 
apprehended & Comitted to Prison, and the people thereupon in a 
very great displeasure. That any Body should be so wicked as to 
Labour to Supply The Indian Rebells that were fled from us. And 
whose Planting there three Years I had prevented by very hard 
Marches of the Queens Subjects. 

The Generall Assembly being Sitting at the Time I allowed 
them to take cognisance thereof as the Charter doth admit, And 
upon a long hearing and process Six of the Said Persons are fined, 
. . . The Acts of the Assembly are now laid before your Lord- 
ships, And I have underwritten and agreed The Acts Severally 
with these words Saving to her Majesty her Royall prerogative 
reserving to the Fines as I am Coinanded. 

I am humbly of opinion That the fines are beyond the Power of 
Some of them (especially Rouse) to pay, And would have been 
glad had all been moderated about one halfe. To Which if Her 
Majesty will of her royal Grace please to remite, or however it 



MILITARY AND INDIAN AFFAIRS 133 

shall please her Majesty to dispose, I most humbly submit it to 
her royale Pleasure. 

I am sensible that the Persons in their Applications to your 
Lordships and elsewhere will reflect upon Some Methods in the 
Proceedings, Especially of the house of Representatives, but when 
it shall be remembered, That they are farr distant from home, of 
less education and knowledge in the Law, and in a very great 
displeasure against Traders with the Enimy, aggravated by a 
hard pressure of the Enimy at the very instant when this was 
discovered, it will go a great way in their Excuse. 

It was a very difficult thing for mee to keep the People within 
bounds in their Displeasure, and I was something fearfvde of any 
outrage upon the Delinquents, but it is well over, And the pro- 
ceeding of the Generall Assembly, The Members will to be sure 
[to] use their endavours to make it look well & satisfactory to the 
People ever3rwhere, And no other Court could have done the 
Same. 

I pray leave to Assure your Lordships That I was never more 
sorry for anything in my Life, Than that so ill and inconvenient 
thing should happen to outrage the People while they are under 
so heavy Taxes & hard Service to starve And Destroy the Enimy. 

That I have used all possible means in my Power in the Pro- 
ceedings to have them modedate as well as reasonably Satisfactory 
in so Publick a Case. 

That I have no animosity to any The Persons delinquents who 
had suffered to the Last Degree If I had not with all the Skill I 
have, laboured to quiet The People. 

That I shall be very glad of her Majestys favour to any or all 
of them as well as to all her good Subjects in the Government, who 
are at this Time patient of the utmost Charges and heavy Service 
for Her Majestys honour as well as their own Support.^ 

^ Board of Trade, Papers, New England (Ms.), 13, Q. 90. 



CHAPTER VII 

DUDLEY'S RELATIONS WITH THE COLONIES OF NEW 
HAMPSHIRE, RHODE ISLAND, AND CONNECTICUT 

The Stuart plan for the consolidation of the American 
colonies was checked by the revolution of 1689. The charters 
granted by Charles II to Rhode Island and Connecticut were 
quietly resumed, and the governments established under them 
were tacitly recognized by William III. Of the Dominion of 
New England, as it existed in the time of Andros, New 
Hampshire and New York remained royal provinces, directly 
dependent upon the crown ; while Massachusetts received 
a charter vesting the appointment of the governor in the king. 
During the administration of Lord Bellomont, the experiment 
of joining New York to New England was again tried; but 
from his death until 1702 this policy was held in abeyance, 
and was definitely abandoned upon the appointment of 
Dudley as governor of Massachusetts and of Lord Cornbury 
as governor of New York. From 1 702, throughout the colonial 
period, New York and Massachusetts, though both exposed 
to the same dangers and each needing the cooperation of the 
other, existed not merely independent of one another, but 
often selfishly neglectful of each other's needs and best inter- 
ests. 

Yet even without New York, many of the military resources 
of the old jurisdiction of Andros were at Dudley's command. 
On the same day on which he received his commission for 
Massachusetts he was commissioned governor of Nev/ Hamp- 

134 



RELATIONS WITH NEIGHBORING COLONIES 135 

shire ; and, pursuant to the resolution of the Privy Council 
made in 1696, he was directed to take command of the military 
forces of both Connecticut and Rhode Island in time of war 
or danger. Although the territory over which Dudley ruled 
was smaller than that governed by either Andros or Bello- 
mont, yet Dudley interpreted the powers granted to him to 
the broadest extent, and sought, as far as possible, to estab- 
hsh within the narrower limits a system similar to that which 
had existed under Andros. He exerted himself to the utmost 
in his several capacities; and in trying to increase the influ- 
ence of the crown, and at the same time to extend his own 
personal power, he became involved in quarrels quite apart 
from those resulting from his administration in Massachusetts. 
Massachusetts had boundary disputes with all the other New 
England colonies; and, although the negotiations over their 
settlement throw little light upon Dudley's character or ad- 
ministration, they account in some measure for his widespread 
unpopularity throughout New England. These disputes, 
however, were minor matters compared with those larger 
and wider plans which he tried to put into operation and 
which made him the most hated man in all New England. 

In New Hampshire alone he was popular. His commission 
and instructions for the government of that province were 
almost identical with those which he had received for Massa- 
chusetts ; ^ but in New Hampshire the quarrels and disputes 
were of such a nature that, as representative of the queen, he 
could side with the people against the heirs of the old pro- 
prietors, and thus, instead of gaining the ill-will of the Assembly, 
he won its confidence and support. He resided in Massachu- 
setts during his term of office, and, though he made frequent 

^ New Hampshire Provincial Papers, ii. 366 et seq.; Massachusetts Histori- 
cal Society, Proceedings, 2d Series, viii. 93 ei seq. 



136 THE PUBLIC LIFE OF JOSEPH DUDLEY 

journeys to New Hampshire, relied upon his representative, 
Lieutenant-Governor Usher, to bear the brunt of his admin- 
istration. 

The character of John Usher was one of Dudley's greatest 
assets in his career in New Hampshire.^ Usher had all of 
Dudley's unpleasant qualities greatly exaggerated, but little 
of his ability and none of his higher aims. His career, how- 
ever, is strikingly like that of Dudley, though little but self- 
interest and desire for gain can be found in it. Like Dudley, 
he was a native of Massachusetts, a stationer of Boston with 
a large fortune and a fair reputation in trade. Like Dudley, 
he had been employed as agent for Massachusetts in Eng- 
land, and had negotiated for the purchase of Maine with the 
heirs of Sir Ferdinando Gorges. Like Dudley, again, he had 
held office under Sir Edmund Andros; while Dudley was 
chief justice, Usher was treasurer, and together they formed 
a part of the working force of the Council. Both had suffered 
loss of popularity from that connection, and both were anxious 
to rehabilitate themselves in the eyes of their countrymen. 
Here the resemblance ends. Dudley had great personal 
ambition, and sought for place and office to increase his influ- 
ence and power ; but through it all he was guided by an ideal 
policy, which, though it might be hated in New England, was 
considered wise and statesmanlike in the mother country. 
Usher, on the other hand, though equally ambitious, was 
merely seeking to increase his fortune. From the time of his 
negotiations with the Gorges heirs to the end of his career, 

1 Belknap's History of New Hampshire (i. 288 et seq.), gives a brief sketch 
of Usher. Usher's frequent and long reports to the Board of Trade are in 
manuscript at the Public Record Office, London. The replies of the Board of 
Trade, also in manuscript, are in Colonial Entry Book, New England, 40, E. 
Usher's speeches are printed in "Journal of the Council and General Assem- 
bly," New Hampshire Provincial Papers, vols, ii, iii passim. 



RELATIONS WITH NEIGHBORING COLONIES 137 

it is hard to find motives other than those of a selfish land 
speculator. 

In his deahngs with the Assembly, Usher displayed a con- 
ception of the dignity of his ofl&ce and of his own importance 
greater than Dudley had ever manifested, and at the same 
time showed a marked lack of education and political skill. 
Where Dudley succeeded in gaining his ends by tact and 
possibly by sharp political manipulation, Usher, scorning 
Dudley's advice to proceed with care, failed because of his 
attempts to bluster and browbeat the Assembly. Dudley's 
success was a mystery to Usher, and he put the worst possible 
construction upon it. "Angells does great things," he scorn- 
fully reported to the Board. ^ His speeches to the Assembly 
were always incorrectly written, full of complaints and ill- 
timed demands; and his frequent and long reports to the 
Board of Trade, always badly written and spelled, contained 
little but the repetition of vague, ill-natured, and petty charges, 
''Mostly the same matter over and over again, and in such 
method as renders them very difficult to us to understand; 
Wherefore We must advise you for the future onely to write 
plaine matter of fact, and in such a manner as may be less 
obscure," wrote the Board of Trade in 1704.^ During his 
term as lieutenant-governor Usher continued to live in Boston, 
and went often to New Hampshire to summon a Council meet- 
ing, where little was done but listen to a speech from the 
lieutenant-governor. So deeply was he involved in suits 
concerning land titles that Dudley received a special instruc- 
tion directing that Usher should "not intermeddle in any 
manner with the appointing of Judges or Juries."^ 

^ Board of Trade, Papers, New England (Ms.), 12, N. 67. 
^Colonial Entry Book, New England (Ms.), 40, E. 328. 
' New Hampshire Provincial Papers, ii. 406. 



138 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Dudley could not but be popular in contrast with such a 
lieutenant. Moreover, he increased his popularity by allow- 
ing members of the independent faction to act as councillors 
and by leaving the government as much as possible in the hands 
of the people. Such policy bore good fruit. The queen was 
thanked for his appointment, and he was welcomed with a 
congratulatory address.^ The Assembly voted him a present 
of five hundred pounds ; ^ but he "was not wilHng at this time 
of great Expences in their Preparation to Defend themselves 
against the ffrench Indians to accept more than Two Hun- 
dred and fifty Pounds." ^ The Assembly, however, settled an 
annual salary of one hundred and sixty pounds upon him, — 
a thing which he had vainly tried to induce the Massachusetts 
Court to do, — rallied to his support with complimentary 
addresses when he was attacked in 1704^ and 1707,^ and 
finally, at the accession of George I, petitioned for his con- 
tinuance in office. Such enthusiastic support, so rare for a 
colonial governor to receive, would seem suspicious were it 
not for two features of his policy, which were both statesman- 
like and necessary and of such a nature as to win and hold the 
good-will of the people. 

The plans which Dudley made for the defence of the colony 
were bound to be popular. New Hampshire was more exposed 
to attack than any of the other colonies under his jurisdiction. 

1 Board of Trade, Papers, New England (Ms.), 11, L. 28 (New Hampshire). 
A full account of his reception is found in one of his letters in the Rawlinson 
collection at the Bodleian Library, Oxford, Rawlinson Mss., C. 128, f. 14. 

^ New Hampshire Provincial Papers, iii. 232. 

2 Board of Trade, Papers, New England (Ms.), n, L. 7. 

* Address of the New Hampshire Assembly, February 11, 1 703-1 704 : "Being 
Sensible of Your Great care for Her Majesties Service ... We Humbly thank 
God for our preservation . . . and attribute much to your constant care and 
Sollicitude for us" {ibid. 12, N. 50). 

* Addresses of the New Hampshire Assembly, justices, officers, merchants, 
and ministers : ibid. 13, R. 90-92. 



RELATIONS WITH NEIGHBORING COLONIES 139 

It was also the poorest and least populous, and the one most 
needing aid from the others. As captain-general of all New 
England, Dudley at once adopted a military policy which 
included the defence of all the territory under his jurisdiction ; 
but this policy, though wise and popular with the frontier 
colonies, involved him in difficulties with those that were least 
exposed to danger. If Massachusetts would refuse to contrib- 
ute to the defence of Maine a part of her own territory, it is 
not to be wondered at that Dudley found it difficult to persuade 
Massachusetts and Connecticut to assist New Hampshire. 
Although he failed to obtain from Massachusetts an appro- 
priation to rebuild the forts in New Hampshire, yet he utilized 
the militia, not merely of Massachusetts, but of Connecticut 
as well, in defending the northern frontier. He did not, 
however, allow New Hampshire to relax her own efforts 
for defence. The forts at Newcastle and Portsmouth were 
repaired under the direction of the royal engineers and garri- 
soned at the expense of the colony ; ^ and Colonel Hilton, a 
nephew of Dudley, was kept on almost continuous scout duty 
to check the constantly threatened Indian raids. All military 
affairs Dudley kept in his own hands ; and, profiting by his 
various methods of gaining information, he was able to direct 
operations very successfully on the whole. He allowed no 
deviation from his orders, and sternly rebuked Hilton for dis- 
regarding his directions and acting under the command of 
some of the New Hampshire officers. He insisted, moreover, 
that the Assembly should furnish and equip a force which he, 
not the Assembly, deemed proportional to the population 
and wealth of the colony.^ This military policy, successful 

^ New Hampshire Provincial Papers, ii. 445, 452-457, etc. 
''Dudley to Hilton, September 24, 1705, ibid. 453; also Dudley to the 
Council, September 24, ibid. 468. 



I40 THE PUBLIC LIFE OF JOSEPH DUDLEY 

in the main, gave New Hampshire greater security than it 
had enjoyed before; and, though it aroused the jealousy of 
Massachusetts and Connecticut, it gained for Dudley the 
gratitude of New Hampshire. 

Dudley's most popular action, however, and the one in 
which he was most favorably compared to Usher, was in the 
question of land titles.^ When in 1677 the judges had de- 
cided that neither Massachusetts nor Mason had jurisdiction 
over New Hampshire, the question of the ownership of the 
land was left in abeyance. The rights and claims which 
Mason may have had were inherited and purchased by Samuel 
Allen, who, in turn, sold and mortgaged a portion of his claims 
to Lieutenant-Governor Usher, his son-in-law. Meantime, 
settlers had pushed into the province and taken up land on 
rather doubtful titles, and had cleared and occupied other 
land on no titles at all. In order to make their property yield 
a good return, Allen and Usher laid claim not merely to all the 
waste lands of the province, but to the common lands of the 
towns as well. Writs of ejectment were brought against the 
occupiers of this land, but the courts of the province found 
verdicts consistently in favor of the defendants. Allen then 
carried his case on appeal to England, where upon the advice 
of Sir Edward Northey, the attorney-general, his claim to the 
waste lands was allowed and the jury was directed to bring a 
verdict to that effect. 

Fortified by this decision, Allen and Usher took possession 
by turf and twig, not merely of the waste land, but of the 
common land in each township, and brought a suit of eject- 
ment against Richard Waldron as a test case. Usher then 
informed Dudley that the case was to be tried, and requested 

1 W. H. Fry in his New Hampshire as a Royal Province, ch. iv., gives an 
excellent account of the land system in New Hampshire. 



RELATIONS WITH NEIGHBORING COLONIES 141 

him to come and demand that a special verdict be brought 
for Allen and himself, as, indeed, the governor was directed 
to do by special instructions from the queen. Dudley first 
ordered the court to be adjourned until he should be in Ports- 
mouth ; then he waited because of rumors of an impending 
Indian raid, and finally, when he did set out, was taken ill 
with a "seasonable fit of gravel," and thus was unable to be 
present at the trial. In his absence the court not only refused 
to bring in the desired verdict, but again found for the defend- 
ant and assessed the costs of the entire trial upon Allen. The 
case was once more appealed by Allen. An almost successful 
attempt at compromise was cut short by his death, and the 
suit was renewed by his son, Thomas Allen, in 1707. Again 
the Court of Common Pleas of the colony refused the desired 
writ of ejectment ; and the Superior Court, despite directions 
to bring in a special verdict for the plaintiff, brought a verdict 
for Waldron and again put the whole costs of the trial upon 
the plaintiff. Dudley's sympathy was with the people 
throughout the whole dispute. Believing that they had some 
claims, in equity if not in law, to the lands they had defended, 
he reported to the Board of Trade, "I am firmly of the opinion, 
that the poor people Her [Majesty's] tenants and Inhabitants 
have possessed those lands thirty years and more, subdued 
them at the coste of the true present value, defended them for 
Sixty years past with the loss of their blood and treasure, it 
will be inconsistant with her Majesty's grace to her good Sub- 
jects either to Eject them or to put them to a rack rente." ^ 
He therefore proposed that the queen should resume the orig- 
inal grant and compensate the heirs of Allen, and that, after 
confirming the present occupiers in their holdings, the crown 
should be reimbursed by the sale of the remaining waste lands. 

^ Board of Trade, Papers, New England (Ms.), 14, T. 3. 



142 THE PUBLIC LIFE OF JOSEPH DUDLEY 

The determination of the case was postponed, but before a 
final settlement was reached Thomas Allen died and Usher 
was removed from office, so the suit was not resumed. Thus 
a claim which had existed since the founding of the province 
ceased to be urged, not through lack of legal proof, but through 
the ability of the colonists to wear out the claimants.^ 

Although Dudley's suggestion for the settlement of this 
protracted dispute was not adopted, yet his proposed com- 
promise was a wise and farseeing one, which showed an hon- 
orable escape from the difl&culty for all parties concerned. 
To the colonists it would primarily give legal security for 
their land titles; and perhaps such a legal recognition of 
their claims might have done something to check the spirit of 
illegality and lawlessness too often successful in New England. 
The rights of Allen and Usher, vague and unsatisfactory as they 
were, had been recognized by the crown : by Dudley's plan, these 
were honorably and legally extinguished. The crown, more- 
over, while remedying injustice and showing generosity to 
both parties, was not to be the loser in the transaction. Aside 
from the solid financial returns which would accrue to it, the 
government was freed from a perplexing and protracted dis- 
pute, and might count upon the gratitude of both parties. 

Thus by defending the province and aiding the colonists 
in time of danger, and by taking a larger and broader view 
than usually characterized colonial governors, Dudley was 
able to retain the support of New Hampshire throughout his 
administration.^ 

1 The case of Allen vs. Waldron, together with all the necessary documents, 
is printed in New Hampshire Provincial Papers, ii. 514-562. Belknap's History 
of New Hampshire (i. 308-328) gives a clear and well-tempered account, as 
does Batchellor's edition of the Laws of New Hampshire, ii. 2-3. 

* Batchellor, in Laws of New Hampshire, ii. 3, takes an equally favorable view 
of Dudley's administration. 



RELATIONS WITH NEIGHBORING COLONIES 143 

With Connecticut, his relations were not so harmonious. 
He was forced to bear much of the inherited distrust that was 
a legacy from the Andros administration, and to meet all the 
independent feeling of that colony, which, since the resump- 
tion of the charter, was greatly increased. His first coUision 
was over military affairs. It has already been seen that 
Dudley was charged with the defence of all New England, 
and that even within his own province of Massachusetts he 
had great difficulty in leading the General Court to aid in 
protecting the northern frontier. The same difficulty in an 
increased degree faced him in dealing with Connecticut. 

In May, 1703, Dudley wrote to Fitz-John Winthrop that 
he had information which led him to believe that the French 
were planning a descent upon Deerfield, and asked that the 
Connecticut towns might send some aid.^ This request was 
granted, and orders were given to send fifty men.^ But the 
attack upon Deerfield did not come until the following year ; 
and meantime, Dudley sought to utilize the Connecticut 
troops upon the eastern frontier, and asked Winthrop to 
enlist a company whose transportation and supply Dudley 
would furnish.^ To this, Winthrop replied that danger to 
his own frontiers required him to keep all his forces at home, 
but that he would guard the Massachusetts towns in the Con- 
necticut valley and would try to furnish Dudley with some 
Indians.^ This did not please Dudley, for he felt that a single 
company of Indians was a small quota for Connecticut to 
contribute in view of the great expense laid upon Massachu- 
setts; and he significantly remarked in one of his letters, "If 
I be broke here you will stand but a little while." ^ He got 

^Massachusetts Historical Society, Collections, 6th Series, iii. 129. 
^ June 9, ibid. 131. * August 23, ibid. 149. 

^August 16, ibid. 139. 'October 21, ibid. 159. 



144 THE PUBLIC LIFE OF JOSEPH DUDLEY 

no satisfaction, however ; Connecticut thought it best to 
defend the towns in Hampshire County with her own mihtia, 
merely allowing Dudley to equip and pay an exorbitant wage 
to a few Indians. Even these were cut off ; for as a result of 
the Deeriield massacre Winthrop refused to allow them to 
proceed, and laid the whole matter before the Assembly.^ 

Dudley was not slow to inform the Board of Trade of his 
failure. On September 15, 1703, he reported, "In this neces- 
sity and great charge I have written in the most pressing man- 
ner to the Governours of Rhoad Island and Connecticot for 
the Advance of but 150 men between them, but can obtayn 
nothing." ^ This brought a prompt rebuke from the people of 
Connecticut, one of whom declared that it was "not otherwise 
than it useth to bee";^ and a special commission of the 
Connecticut Assembly was directed to make report of the 
services and expenses of the colony for military affairs and to 
lay an account "before her Majestic, to take off those cal- 
umnies our neighbours one way & the other have laid on 
us."^ But Sir Henry Ashurst, now agent for Connecticut 
and Dudley's most bitter enemy, put an even worse construc- 
tion upon the whole affair; for he wrote to Winthrop, "I 
am senceable Dud : & Co. doe complane of yo"^ not sending 
yo*" quota that they may put the money in their pocketts."^ 
As a result of these complaints and charges, Dudley was able to 
get little or no aid for the expeditions which he planned upon 
his own authority ; and the assistance sent for the more general 
expeditions devised in England was but grudgingly given. 

1 Winthrop to Dudley, November 4, ibid. 159; Winthrop to the Connecti- 
cut Assembly, March 15, 1 703-1 704, ibid. 184. 

2 Board of Trade, Papers, New England (Ms.), 12, N. 22. 

^John Chester to Winthrop, December 11, 1704, Massachusetts Historical 
Society, Collections, 6th Series, iii. 276. 

* July 3, 1704, ibid. 235. ^ July 7, 1705, ibid. 298. 



RELATIONS WITH NEIGHBORING COLONIES 145 

Aside from the disinclination to contribute to distant ex- 
peditions from which no immediate safety or profit could be 
gained, — a disinclination which characterized all the colonies, — 
Connecticut felt aggrieved that the command of its mihtia 
was vested in the governor of Massachusetts. This power 
rested upon the opinion of the law officers of the crown that 
the king could appoint a commander-in-chief for the military- 
forces of the colony; and it had formerly been intrusted to 
Governor Fletcher of New York. Although Fletcher prob- 
ably had no such experience as tradition describes, he reported 
that he was unable to exercise command of the militia within 
the limits of the colony.^ Dudley also experienced difficulties 
in the exercise of his power. He was too wise to attempt to 
take command of the militia within the colony, as Fletcher 
essayed to do, but contented himself with calling for troops 
and insisting upon his right to commission officers of the Con- 
necticut militia while they were serving within Massachusetts. 
Even this perfectly proper demand met with such opposition 
that Dudley at the time was forced to write to Winthrop, 
"S' I pray to be understood you shall withdraw your troops 
that you give me for her Majesties service when you please, 
but in this government their commission and service must be 
under the direction of her Majesties Commission here." ^ 
This may seem an "over-nice" point, as it did to Winthrop,^ 
who, while insisting upon his right to commission the officers, 
had directed them to obey the governor of Massachusetts; 
but when it is seen that the Connecticut troops were so un- 
willing to obey the Massachusetts authorities and so anxious 
to get home that they disbanded without orders,^ it can be 

^ New York Colonial Documents, iv. 71. 

^ April 18, 1704, Massachusetts Historical Society, Collections, 6th Series, iii. 
191. ^ Ibid. 217. 

* Letters of various officers to Winthrop, July, 1704, ibid. 237-244. 



146 THE PUBLIC LIFE OF JOSEPH DUDLEY 

believed that Dudley had some justification for his insistence 
on the point. 

Connecticut, as well as New Hampshire, was vexed by a 
dispute concerning land titles. In Connecticut, however, 
Dudley was forced to side against the colonists ; and instead 
of winning support, as he had been able to do in New Hamp- 
shire, he increased his already too heavy load of unpopularity 
and odium. The Connecticut case dealt with Indian rights 
and titles, — always a fertile source of litigation, — and was 
not finally settled until the reign of George III. The dispute 
arose from the fact that in 1659 Major John Mason, the con- 
queror of the Pequots, purchased certain Indian lands from 
Uncas, an Indian chief.^ From this point, every step of the 
affair is involved in dispute and mystery. It seems that 
Mason made over some of his lands to the colony, reserving 
certain rights for himself ; that the colony granted these lands 
to English proprietors ; and that Uncas tried to sell the lands 
a second time, ignoring the previous sale to Mason. The heirs 
of Mason claimed that they were being defrauded, and the 
colonial authorities, hoping to extinguish the Indian claims, 
offered to repurchase the lands from the Indian claimants. 
But this would have extinguished the claims of the Masons 
as well ; hence they prevailed upon the Indians not to accept 
the offer, and sought support from England. They were 
successful in their attempts, and the Privy Council directed 
that a commission should be granted to Dudley instructing him 
to erect a court in Connecticut to do justice to the Indians.^ 

* See The Moheagan Indians against the Governor and Company of Connecti- 
cut: Case of the Respondents, to be heard before the Privy Council, 1770, p. 4. 
This case is treated at length in Trumbull's Connecticut, ch. xvii. ; Palfrey's 
History of New England (iv. 354-366) and Doyle's English Colonies in America 
(iii. 398) give summaries. That by Doyle is clear and temperate in tone. 

^ Register of the Privy Council (Ms.), Anne, ii. 78. 



RELATIONS WITH NEIGHBORING COLONIES 147 

This was regarded in Connecticut, with some show of right, 
as an invasion of the colony's charter privileges. It was 
also known that Dudley had great influence with the Indians ; 
and it was charged that he possessed several hundred acres 
of land in the disputed territory,^ though this he unequivo- 
cally denied.^ It is not surprising, therefore, that the trial 
was tumultuous. The Connecticut managers " clamourously 
coinanded all persons to withdraw and not to attend us 
nor [give] evidence some of them boisterously pulled down 
the hand of a witness swearing and drew him out of the Court 
and the people spoke freely amongst themselves of siezing us 
at the board, as I was several times assured." ^ The decision 
went against Connecticut ; but the colony refused to obey it 
and an appeal was carried to England, where through the influ- 
ence of Sir Henry Ashurst it was sustained and a new trial 
ordered.^ Dudley naturally represented this episode to the 
Board of Trade in the worst possible Hght; and from his 
experiences in Connecticut he was justly confirmed in his 
opinion that the chartered colonies were a source of weakness 
and danger to the crown. 

This opinion, which, to do him justice, he had formed before 
his experience as governor, was still further strengthened by 
his relations with Rhode Island. The first dispute with this 
colony was over military affairs. As in the case of Connecti- 
cut, Dudley had received a commission directing him to take 
command of the militia of Rhode Island ; but in dealing with 
the latter colony, where the Quakers were numerous, he did 

^ Mason to Dudley, April 13, 1705, Massachusetts Historical Society, Col- 
lections, 6th Series, iii. 329 ; Governor and Council of Connecticut to Ashurst, 
August 29, 1705, ibid. 304. 

2 "I never had one Acre of land in that Colony of Connecticut in my Life." — 
Dudley to the Board of Trade, in its Papers, New England (Ms.), 13, Q- 78- 

* Ibid. p. 68. ■• Trumbull, History of Connecticut, i. 449. 



148 THE PUBLIC LIFE OF JOSEPH DUDLEY 

not use the same tact which he had shown in Connecticut. In 
1702, Dudley, with several members from the Massachusetts 
Council, went to Newport to publish his commission, "at 
which the Quakers raged indecently";^ but, though meeting 
with some opposition, he was allowed to take the usual oaths 
of office. He then ordered the militia to parade under arms ; 
but Governor Cranston referred him to Major Martindale, 
the commander, who, after taking advice, refused to obey, 
alleging that the matter must first be laid before the 
Assembly.^ Dudley was greatly chagrined, but was forced 
to comply, and left Newport for the Narragansett country. 
At Rochester, a town which he himself had named when 
he was president of the Massachusetts Council, he was 
well received, and was given command of the company in 
spite of the opposition of the people from Newport. As 
a result of his experiences, however, he put on official record 
in his report to the Board of Trade that "the government 
of Rhode Island in the present hands is a scandal to her 
Majesty's government."^ 

Not only was he thwarted in taking official command of the 
forces of Rhode Island, but he could get very little aid from 
that colony. He complained to the Board of Trade that, 
although he had written in the most pressing terms, he could 
obtain no help "notwithstanding this province do's wholly 
Cover & Secure them from danger." ^ As a result of his repre- 
sentations, the Privy Council directed the Board to prepare 
letters urging both Rhode Island and Connecticut to send aid 

1 Rhode Island Colony Records, iii. 462. 

2 This episode is reprinted from the original documents, ibid. 459 et seq. 
The documents are in Massachusetts Archives (Ms.) ii. 118, and in the Board 
of Trade's Papers, New England (Ms.), 11, L. 12 and 25. 

' Rhode Island Colony Records, iii. 462. 

^ Board of Trade, Papers, New England (Ms.), 12, N. 22. 



RELATIONS WITH NEIGHBORING COLONIES 149 

to Massachusetts;^ but little was accomplished. "Instead 
of assistance from Rhoad Island my next neighbours," Dudley- 
wrote to the Board, "I have some hundred young fellows 
fittest for the service fled thither and entertained there, and I 
have no means to reduce them, but they will double they^ 
province and give me no assistance of men or money." ^ This 
statement cannot be taken literally, and Rhode Island emphat- 
ically and expressly denied that she was sheltering deserters.'^ 
Nor was it true that Dudley gained no assistance; but the 
amount he received seemed so small in comparison with the 
burdens which Massachusetts was compelled to bear, and the 
difficulties in obtaining it, and the technicalities insisted upon 
in granting it were so burdensome, that there is some justifica- 
tion for his exaggerated language. 

"When I was at Rhode Island," wrote Mompesson, chief 
justice of New Jersey, to Secretary Nottingham, "they did in 
all things as if they were out of the dominions of the crown." ^ 
It was a part of Dudley's task to bring this small but unruly 
province within the dominion of the crown. It has already 
been noted that he was made captain-general of the colony, 
and the difficulties that he experienced in the exercise of his 
functions have been described ; but he also came into conflict 
with Rhode Island in another capacity. He was appointed 
vice-admiral of the colony, and was thus charged with the 
enforcement of the navigation laws and the condemnation of 
any prizes that might be brought into the ports of the colony. 
There was ample need of some manifestation of English control 
if the crown intended to enforce the mercantile system which 

^ Ibid. N. 30; also Register of the Privy Council (Ms.), Anne, ii. 60. 

* Board of Trade, Papers, New England (Ms.), 12, U. 30. 
' Rhode Island Colony Records, iii. 547. 

* Chalmers, Revolt, i. 338, July, 1704. 



150 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

was established by the navigation laws ; for in a period when 
the mother country was attempting to monopolize colonial 
commerce, Rhode Island naively confessed that it had no 
"direct trade with England."^ Dudley was not successful 
in putting an end to all these illegalities, most of which were 
of long standing. Indeed, he found the task so far beyond his 
power that early in his administration he reported in despair, 
"My Lords it is with everything in that place, it is a perfect 
Receptacle of Rogues and Pirates."^ Nevertheless, he ap- 
pointed a deputy-judge of admiralty, and did what he could to 
enforce the laws of England. Against the evasions of the laws 
of trade he could make little headway; but he insisted that all 
commissions for privateers and all condemnation proceedings 
should be upon his authority. In so doing he came into direct 
conflict with Governor Cranston, who was issuing commis- 
sions without regard to English law. Dudley enforced his 
claim at the expense of being charged with bribery and par- 
tiality ; and apparently put a temporary stop to those irregu- 
larly commissioned privateers between which and pirates 
there was little to choose.^ 

Dudley was thus constantly thwarted and hampered in the 
exercise of his power by both Connecticut and Rhode Island. 
He saw that collective military operations were impossible, 
and that the crown was prevented from using the military 
strength of the larger and better protected colonies for the 
defence of the weaker and more exposed communities. He saw 

1 Chalmers, Revolt, i. 339, July, 1704. 

2 Dudley to the Board of Trade, in its Papers, New England (Ms.), 12, M. 

37- 

3 Some of the documents concerning the privateer Charles are m Rhode 
Island Colony Records, iii. 537 et seq. More important letters are in the Board 
of Trade's Papers, New England (Ms.), 12, P. 36, 61 ; also ibid. 13, Q. 98, and 
R. I, s. 



RELATIONS WITH NEIGHBORING COLONIES 151 

that it was impossible to enforce a harmonious policy upon 
so many independent jurisdictions ; he saw the commands of 
the crown regarding both military and judicial affairs ignored 
by both Connecticut and Rhode Island, and the laws of Eng- 
land broken with impunity. He had been personally insulted ; 
but that, he said, he was willing to bear from a consciousness 
of having attempted to do his duty. He was, however, 
obliged to report, ''I am humbly of opinion that if these coiii- 
ands be be easily passed over . . . they will presume to a very 
great Degree, And her Majestys Coinands will be greatly 
slighted to the hurt of these Governments & their just De- 
pendence and obedience, besides that I shall be personally in- 
sulted by them, which if there were nothing else in the matter 
I could well bear, knowing that therein I have done my Duty 
to her Majesty & Justice to her Good Subjects of the several 
Provinces, who being equally her Majestys Subjects ought to 
be equally defended [illegible] & taxed for that end."^ 

In Massachusetts he had difficulty enough, though in that 
colony the charter defined and protected the rights of the 
crown. In neither Rhode Island nor Connecticut were the 
rights of the crown in the least guaranteed ; on the contrary, 
both of these colonies were practically self-governing com- 
munities with their own rights and prerogatives defined and 
guaranteed agamst England. Dudley's solution of these 
dijQficulties was to have these charters revoked and all the 
New England colonies consolidated into one jurisdiction. 
This was no new idea; it was a system with which Dudley 
was thoroughly familiar from his experience on the Council of 
Andros, who had ruled over the very jurisdiction that Dudley 
now desired for himself. But the days of such high-handed 

^ Dudley to the Board of Trade, in its Papers, New England (Ms.), 13, 
Q- 37- 



152 THE PUBLIC LIFE OF JOSEPH DUDLEY 

proceedings as had characterized the surrender of the Connect- 
icut and Rhode Island charters in the time of James II had 
gone by. One of the causes of the Revolution of 1689 had 
been the enforced surrender of the municipal charters in Eng- 
land; and William III had recognized the necessity of pro- 
ceeding with more circumspection. Nevertheless, it was 
necessary to find a solution for the impossible conditions that 
obtained in some of the colonies. To free Protestant Mary- 
land from its Catholic proprietor, Attorney- General Holt had 
in 1690 given an opinion that in case of necessity, the king 
might resume the powers granted by a charter.^ Still later, 
as has been seen, it was held that the king might appoint a 
captain-general for the military forces of a colony while 
allowing the civil government to remain undisturbed; and 
finally, in 1694, it was held that upon an "extraordinary exi- 
gency" the crown might appoint a governor for the civil as 
well as for the military functions of the government.^ 

Even before his appointm^ent as governor of Massachusetts, 
Dudley had seen the possibilities of these opinions and had 
used his influence to have the charters of Connecticut and 
Rhode Island rescinded.^ Although it might seem perfectly 
proper to act upon the opinion of the law ofiicers of the crown, 
an act of Parliament would, beyond all question, be final. 
Accordingly, by Dudley's influence, a bill was introduced into 
the House of Lords whereby the charters of Connecticut and 
Rhode Island were revoked; but for some unknown reason 
the project was abandoned."* Dudley, however, did not relax 
his efforts. In one of his first reports he declares that little 

* Chalmers, Opinions, 65. 
2 Ibid. 66. 

' Trumbull, History of Connecticut, \. 429. 

* Ashurst to Winthrop, May 5, 1701, Massachusetts Historical Society, Col- 
lections, 6th Series, iii. 69. A copy of the bill is in Hinman's Antiquities, 299. 



RELATIONS WITH NEIGHBORING COLONIES 153 

can be expected from Rhode Island "till Her Majesty be 
pleased to remove that little shadow of Government there 
remaining. . . ."^ This fell in with the ideas of the Lords 
of Trade, who, although they answered that the present ses- 
sion of Parliament was so far spent that nothing could be done, 
nevertheless, called the attention of the queen to their frequent 
representations on the evils of independent governments. 
Again in 1704, the Board sent a long representation to the 
Privy Council, repeating the complaints which Dudley from 
Massachusetts was urging against Rhode Island and which 
Cornbury from New York was making against Connecticut. 
The Privy Council referred these complaints to the law offi- 
cers of the crown, who gave it as their opinion that they did 
not find anything in the clauses of the charters "that can 
exclude your Majesty (who has a right to govern all your 
subjects) from naming a Governor on your Majesty's behalf, 
for those colonies at all times." ^ Several hearings were held 
by the Privy Council, before which Sir Henry Ashurst ap- 
peared for Connecticut; and the matter was finally referred 
to Parliament. 

Dudley had played his cards well so far. Without doubt he 
was actuated to a great extent by personal ambition and by a 
desire to be made governor of the same dominion over which 
Andros had formerly ruled. He already had New Hampshire 
and Massachusetts under his jurisdiction, but he was wise 
enough not to include New York in his project. Instead, he 
adopted the shrewd course of conciliating Lord Cornbury, 
the governor of New York and the cousin of the queen, thereby 

^ Board of Trade, Papers, New England (Ms.), 12, M. 10. 

2 Chalmers, Opinions, 66 ; Board of Trade, Colonial Entry Books, New Eng- 
land (Ms.), 39, D. 374, and 40, E. 6-14, 358 et seq.; Register of the Privy Coun- 
cil (Ms.), Anne, ii. 152, 197, 205, 218, and iii. 52, 89. 



154 THE PUBLIC LIFE OF JOSEPH DUDLEY 

converting a possible rival and enemy into a friend and ally. 
Thus these two "hammonds" (Hamans), as Sir Henry 
Ashurst called them/ consolidated their influence and worked 
together with a fair prospect of success. The Connecticut 
agent was Dudley's old enemy, and kept himself informed of 
each step of the proceedings. He believed that an attempt 
was to be made in 1 703-1 704, and sent to Connecticut for 
material for the defence ; ^ but, as has been seen, the Privy 
Council was more deliberate, for, giving both the accuser and 
the accused opportunity to prepare their charges and their 
defence, it did not act till 1 705-1 706. As a result of the hear- 
ings before the Privy Council, a bill was again introduced into 
the House of Lords, where it was again thrown out, as Ashurst 
reports, on the first reading.^ 

It was a difiQcult political combination which Dudley had 
set out to attack, and it was extremely fortunate for both Con- 
necticut and Rhode Island that they were able to combine 
their defence and join their different sources of influence. The 
reputation of Rhode Island was none too good. Too many 
representations from too many royal officials had been made 
concerning her lawlessness, her smuggling, and her piracies, 
to allow it to be supposed that she was a hardly abused colony. 
It was fortunate for her that she was able to put Connecticut 
in the front rank of her defence. Connecticut, by judicious 
yielding and waiting for a more favorable time to insist upon 
her contentions, had gained almost all she desired and had 
surrendered practically none of her privileges. Connecticut 
thus contributed to the common defence a good name com- 

1 Ashurst to the Governor and Council of Connecticut, April 22, 1707, Massa- 
chusetts Historical Society, Collections, 6th Series, iii. 378. 

2 Ashurst to Wait Winthrop, July 25, 1703, ibid. v. 119. 
^ Ibid. iii. 326-327, May 21, 1706. 



RELATIONS WITH NEIGHBORING COLONIES 155 

bined with a great reputation for persistence, and, in addition, 
all the influence which the indefatigable Ashurst could stir 
up among the nonconformists. On the other hand, the 
Quaker element, strong in Rhode Island, employed William 
Penn. In certain periods of Penn's career, his intervention 
would have been harmful ; but now he was in high favor, and 
as proprietor of the largest province in America and as the 
leading Quaker in England, he was able to exert considerable 
influence. In addition to all these various hostile agencies, 
the bill had the misfortune to be introduced by a divided 
ministry, which may have withdrawn it for the sake of har- 
mony. To whatever combination of forces the defeat was 
due, Dudley's immediate hopes were at an end ; and, although 
as late as 1709 Sir Henry Ashurst warned the Governor and 
Council of Connecticut that ''y^ Cannanite is in y® land & 
watches for yor halting,"^ there is no evidence that either 
Dudley or the Board of Trade renewed the attempt during 
the reign of Queen Anne. On the other hand, there is evi- 
dence that Dudley accepted the defeat with good grace ; for 
his complaints concerning the neighboring colonies diminish, 
and he seems to have attempted to make the best of conditions 
which he believed were not for the best interests of England. 
The colonists could see in this attempt nothing but another 
example of Dudley's ambition, which they thought was ever 
ready to sacrifice their welfare to gain its own ends ; and it is 
true that his plan for colonial union would have destroyed the 
independence of two colonial governments, and would have 
increased the control of England and the influence of the 
crown. However dangerous it might be from the point of 
view of the colonists, to the home government the plan had 
great merits. By such a union, the administration would have 

^ Massachusetts Historical Society, Collections, 6th Series, v. 191-194. 



156 THE PUBLIC LIFE OF JOSEPH DUDLEY 

been made easier, the laws more harmonious, the commercial 
policy of England more possible of execution, and above all 
more effective military service would have been rendered by 
the colonists. However pardonable such a recommendation 
might have been from an English official, from a native it 
seemed the act of a traitor, and Dudley was so regarded. Yet 
it must be remembered that from 1681 he had identified him- 
self with the movement to increase the control of England, 
and his present action was but a consistent result of his prin- 
ciples. Doubtless Dudley was ambitious and desirous of 
increasing his own power and position ; but the fact that his 
views were presented before he took ofl&ce and were urged at 
the expense of personal popularity while he was in office, and 
that he attempted loyally to make the best of conditions after 
the ministry had abandoned his plans for colonial union, 
points to some other motive than mere personal ambition. 
Dudley's ideas were the result of his long colonial experience 
and of the knowledge which he had gained in his long and 
varied career as a colonial administrator; they were the 
views of an English official rather than of a leader of the 
colonial spirit of individualism as exemplified in New England. 
Though his motives were questioned and distrusted by his 
fellow-colonists, his ideas and attempts at colonial union were 
wise and statesmanlike. 



CHAPTER VIII 

THE CURRENCY AND BANKING PROBLEMS DURING 
DUDLEY'S ADMINISTRATION AS GOVERNOR 

The poverty of Massachusetts emphasized the need of a 
colonial currency. In the early years there was practically 
no specie in the colony, and the settlers were driven first to 
barter and then to the use of furs as a medium of exchange. 
The most common medium, however, was wampum, which 
continued to be legal for taxes until 1649 and for private debts 
until 1661.^ As trade and wealth increased, the colonists 
gradually accumulated a small stock of silver, chiefly Spanish 
coins, some of which remained in the colony and became the 
circulating medium. Since this silver was of different value 
from the English sterling silver coins, the General Court in 
1642 voted that a Spanish dollar in Massachusetts should be 
equivalent to five shillings sterling.^ Perceiving that the 
European trade drew off the little stock of coin circulating 
in the colony, the colonists in 1652 determined to set up a 
mint of their own to coin a purely colonial currency, which 
they hoped would remain at home.^ An additional reason for 
having a mint was found in the fact that the coins brought in 
trade were frequently clipped, sweated, and of light weight, 
"whereby many people were cousened, and the Colony in 
danger of being undone thereby."^ Finally, according to 
Hutchinson, the trade with the West Indies brought in con- 

^ Massachusetts Colony Records, ii. 279; iv. pt. ii. 4. 

2 Ibid. ii. 29. ' Ibid. iv. pt. i. 84. * Felt, Massachusetts Currency, 30. 

157 



158 THE PUBLIC LIFE OF JOSEPH DUDLEY 

siderable uncoined bullion, which had been the spoil of the 
pirates.^ 

The coins produced at the colonial mint were purposely 
made to contain less silver than the Enghsh sterling shillings, 
and soon passed in London at twenty-five per cent discount.^ 
This fact, however, was considered an advantage by the 
colonists, since the coins were designed solely for circulation in 
Massachusetts and their exportation was forbidden by law.^ 
The natural result of this depreciation was that sterling and 
Spanish silver soon appreciated in value, a fact recognized by 
the General Court in 1672, when the value of the Spanish 
dollar was raised from five to six shillings.^ These values 
were increased from time to time by the action of the courts,^ 
and silver passed according to a legal but fictitious value. 
This state of things caused Colonel Quarry, an acute observer 
of colonial affairs, to advise the government to reduce "all 
Coyns of America to one standard," since this would make 
most of the money centre in England.^ Accordingly the queen 
issued a proclamation fixing the value of the coins which most 
commonly circulated in America, and directing that these 
should pass according to the proclaimed values rather than 
at the values assigned them in the colonies/ Dudley laid 
this proclamation before the General Court at its session in 
1704;^ but, although various bills were introduced to make 
its provisions effective, nothing was done, and the Council 
finally voted that the governor should issue a proclamation 

1 Hutchinson, History of Massachusetts, i. 164. 

2 Felt, Massachusetts Currency, 32 ; Massachusetts Colony Records, iv. pt. i. 84. 
' Massachusetts Colony Records, iii. 353. 

^ Ibid. iv. pt. ii. 533. 

^ Douglass, Discourse concerning the Currencies of the British Plantations in 
America, ed. C. J. Bullock, in Economic Studies, ii. 303-304. 
^ Felt, Massachusetts Currency, 38. 
'^Massachusetts Acts and Resolves, viii. 472. ^ Ibid. 



CURRENCY AND BANKING 159 

officially publishing that of the queen. ^ Although Dudley 
did this and the governors of the other colonies followed a 
similar course, the queen's proclamation was nowhere obeyed 
save in the Barbadoes ; ^ and the first attempt of the govern- 
ment to regulate the value of money contrary to natural laws 
failed. 

The next attempt on the part of Massachusetts to increase 
her currency was unfortunately more pernicious than the 
simple depreciation of the specie coin, and was followed by 
a train of disastrous consequences. The unexpected return 
of the ill-fated expedition led by Sir William Phips against 
Quebec in 1690 produced a financial crisis. "The govern- 
ment was utterly unprepared for the return of the forces. 
They seem to have presumed, not only upon success, but 
upon the enemy's treasure to bear the charge of the expe- 
dition."^ Instead of a profitable venture, the government 
found ^^ forty thousand pounds, more or less, now to be paid, 
and not a penny in the treasury to pay it withal . . . [and 
the] sailors and soldiers now upon the point of mutiny." * To 
meet this difficulty the General Court authorized the emis- 
sion of £7000 in bills of credit, and soon increased this to 
£40,000 ; ^ and it voted that these bills should be receivable 
for public dues at five per cent premium.^ A tax was levied to 
redeem them, and the bills were regarded as merely loans in 
anticipation of the collection of taxes; for, as Sewall says, 
they were "not made for want of Money; but for want of 

1 March 3, 1704-1705, ibid. 473. 

2 Felt, Massachusetts Currency, 60. 

^ Hutchinson, History of Massachusetts, i. 356. 

^Mather, Magnolia, i. 173. 

^ Massachusetts Acts and Resolves, vii. 375 ; Records of the peneral Court 
(Ms.), vi. 185. 

8 Davis, Currency and Banking, i. 10-13 ; Records of the General Court (Ms.), 
vi. 170, 171, 185. 



i6o THE PUBLIC LIFE OF JOSEPH DUDLEY 

Money in the Treasury." ^ But in spite of the action of Phips, 
who "chearfully laid down a considerable quantity of ready 
money for an equivalent parcel of them," ^ the bills first passed 
at a discount, the soldiers getting no more than twelve or 
fourteen shilhngs in the pound. Then, as the time for the 
payment of taxes came, the notes went to a premium, and 
thus the loss fell upon the first holders.^ However, by adher- 
ing scrupulously to the method of redeeming the bills by taxes, 
and by offering five per cent premium when they were taken in 
payment for taxes (an offer which was duplicated by the town 
of Boston),^ the government was able to put out in issues and 
re-issues about £82,000 of these bills between 1690 and 1702, 
which were accepted willingly and passed freely in the colony.^ 
Thus on Dudley's accession to ofiice, he found the colony 
committed to a financial policy from which there seemed little 
hope of escape. Throughout the greater part of his adminis- 
tration, England and France were at war, and Massachusetts 
was burdened with taxes for the defence of her frontiers and 
for the various expeditions that she sent against Canada. 
Consequently it was a difficult task to force the unwilling 
assembly to vote taxes to retire the bills of credit ; and the 
task was still more difficult from the fact that many of the 
assembly held that the bills were not an evil, but a genuine 
advantage to the colony in that they supplemented the defi- 
ciences of the colonial currency. Dudley's difficulties were 

1 Sewall's Diary, November 3, 1712, Massachusetts Historical Society, Col- 
lections, 5th Series, vi. 366. 

* Mather, Magnalia, i. 174. 

^ Hutchinson, History of Massachusetts, i. 357. 

* Davis, Currency and Banking, i. 19; Record Commission, Boston Town 
Records, viii. 24-25. 

* Davis, Currency and Banking, i. 14, 18. "In New England sterling ex- 
change was 133 in 1702, a rate corresponding exactly to the rating of the dollar 
at 65." — Bullock, Monetary History of the United States, 39. 



CURRENCY AND BANKING l6l 

still further increased by the fact that early in his administra- 
tion he lost the confidence and gained the ill-will of the House, 
by his attempts to force a favorable action upon the questions 
of estabhshing a fixed salary for the governor and rebuilding 
the fortifications at Pemaquid. Indeed, Dudley would have 
accomplished little had not the Council come to his aid. 
Although the Council of Massachusetts owed its election to 
the House, yet so strong was habit that the lower house usually 
chose men of wealth and position to sit in the Council. This 
custom Dudley strengthened by the frequent use of his 
prerogative to negative the election of persons who were 
irreconcilably opposed to his policies. Thus, although the 
Council might side with the House upon purely political 
questions, yet upon financial matters its very composition led 
it to oppose the radical propositions of the deputies. 

As the war continued, the expenses for military affairs in- 
creased beyond all expectation. To meet these expenses, 
and at the same time to supply the growing commerce with a 
sufficient circulating medium, the General Court continued 
the policy of issuing bills of credit. These issues were made 
every year of Dudley's administration, and varied from 
£10,000 in 1702 to £58,000 in 1715 ; in no year after the war 
began did they fall below £20,000. In all £474,000 were put 
in circulation. The acts or joint resolutions by which these 
bills were issued provided in every instance for a tax or special 
fund to redeem them. Up to 1705 the taxes of the succeeding 
year were appropriated to cancel the amount issued ; in that 
year, however, the redemption of the issue was postponed 
until 1707.^ The custom once started, it became increasingly 
easy for the General Court to mortgage the future, and the 
date of redemption was farther and farther postponed. From 

^ Massachusetts Ads and Resolves, i. 580. 



1 62 THE PUBLIC LIFE OF JOSEPH DUDLEY 

1 706 to 1 7 1 1 three years was the accepted time ; then it was 
increased to five years ; ^ and the last issue made in Dudley's 
administration, on August 27, 1715, was not to be redeemed 
until 1722.^ 

From the first, Dudley seems to have taken the position that 
all the benefits which might accrue to the colony from the 
circulation of these bills would be lost if the province did not 
scrupulously adhere to its agreement in retiring them. For 
example, at one of his first meetings with the General Court, 
May 23, 1703, he said, "The particular Business you have 
before you is The Making good of the Votes of the two last 
Assembhes in Raising the Tax for the Bills already Issued."^ 
In this instance, the House at once complied, and a tax was 
levied in accordance with the previous votes.* Again in 1708, 
when the habit of postponement was becoming fixed, he was 
forced to urge the House to do its duty, and in his address 
said : "We are all sensible of the great service & Benefit that 
we have by the Bills of Credit. It behooves us to be very 
jealous of their Disparagement, and as We always deposited a 
just Fund for their Support, so I think It may be proper to 
make some Act of this Assembly to prevent their being under- 
sold, and thereby Defamed."^ The House again came to his 
support and he was able to carry out his plan.^ Indeed, 
throughout the actual continuance of the war, he succeeded 
in forcing the Court to adopt his financial policy. 

When peace was declared, however, and actual danger did 

^Massachusetts Acts and Resolves, ix. 181. 

"^ Ibid. 421; Douglass, Discourse concerning the Currencies of the British 
Plantations in America, ed. C. J. Bullock, in Economic Studies, ii. 305; Felt, 
Massachusetts Currency, 63; Sumner, History of American Currency, 17. 

3 Records of the General Court (Ms.), vii. 386-387. 

'^Massachusetts Acts and Resolves, i. 520. 

^ Records of the General Court (Ms.), viii. 325. 

* Massachusetts Acts and Resolves, i. 624. 



CURRENCY AND BANKING 163 

not threaten the colony, he encountered stronger opposition ; 
and his continued unpopularity and final overthrow were due 
to his firm stand upon financial matters. In 171 5, when the 
House was attempting to reduce from £22,000 to £16,000 the 
taxes on polls and on personal and real estates, which were 
pledged for the redemption of the bills for that year,^ the gov- 
ernor, with the support of the Council, protested most earnestly. 
"At the last Session of the Assembly," he said, "I earnestly 
recommended to you the raising of Twenty two Thousand 
Pound, granted and determined by two former Assembhes of 
this Province for the Drawing in of that Sum of Province Bills 
raised & emitted for the Support of the late War and the 
Troubles with the Indians, Which said Acts of the Assembly 
were passed by the Representatives & Council, of y® Province, 
and presented to the Govern'' to be sign'd & Passed the Seal 
in due Manner, & accordingly in that Form sent Home & are 
thereof Recorded & Accepted by the Right Hon'''" the Lords 
of the Council of Trade & Plantations . . . and it is easy to 
see how the Credit of those Bills must needs sink & fail if the 
present or future Assembly shall upon any Pretense whatever, 
break in upon those Clauses in the said Act for the Time of 
Payment, Which I am willing to give as my Opinion We have 
no power to do, Nor have we any reason to project it. For 
we are at Peace and very capable to discharge our Debts, in 
such Proportions as they are determined. ... I therefore 
earnestly recommend the consideration of the Tax, Impost, and 
Excise to your present Resolves, & hope that you will make 
no Delay but pass through them in two or three days, not 
admitting any other business this Session." ^ Nevertheless, 

' Records of the General Court (Ms.), ix. 472. 

^ Ibid. 470. Also printed in C. H. J. Douglas's Financial History of Massa- 
chusetts, 119. 



1 64 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

the House persisted in its policy, and passed a vote re- 
tiring only half the amount called for and postponing the 
retirement of the remainder until 1722. The Council now 
came to the governor's aid by non-concurring in the 
vote of the House, and after debates and conferences 
lasting over a week forced the House to comply with 
Dudley's request.^ By this action, however, party lines 
were sharply drawn and a large number of the country 
members and of the merchants whose affairs were involved 
were offended. 

The province was soon divided into two parties over the 
question of the currency. A small party composed of the 
richer merchants in Boston were in favor of calling in the bills 
of credit and resuming specie payment ; but this party 
formed only a small portion of even the conservative class. 
The majority of the conservatives, recognizing the need of 
some increase of the circulating medium, were in favor of an 
issue of new bills which should be vested in a board of trustees 
and should be loaned out by the government on the security 
of mortgages. To this party, which was known as the public 
bank party, were drawn the minority who were in favor of re- 
tiring all the bills of credit. The more radical faction, known 
as the Land Bank party, composed of those whose affairs 
were involved, and of many of the country members of the 
House who were the debtor class and who believed that a 
greater volume of currency would improve their condition, 

1 July 22-29, 171S; Records of the General Court (Ms.),ix. 472 et seq.; Massa- 
chusetts Acts and Resolves, ii. 17. By previous resolves {Acts, i. 668, 687) £5000 
and £17,000 respectively were to be raised by taxes on polls in 1715. The act of 
1 715 grants £2000 from the treasury, £2000 interest on loan money, £7000 
from impost, and £11,000 from taxes levied on polls. The total £22,000 was 
thus raised, but not in accordance with the previous resolve. This may be 
the reason for Mr. Davis's assertion that the General Court did not follow the 
advice of the governor (Davis, Currency and Banking, i. 56). 



CURRENCY AND BANKING 165 

were in favor of the establishment of a private bank which 
should have power to emit paper currency and advance it to 
them on the security of mortgages held on their land. To 
this party were added, whether because of their sincere belief 
in the remedy proposed or because of their natural hostility 
to the Governor and Council, those enemies of Dudley who 
posed as democratic leaders and were ever ready to find a 
pretext on which to attack him. 

Dudley took a keen interest in this discussion. He and 
his party, representing as they did the official, wealthy, and 
conservative element in the colony, were naturally to be found 
on the side of the public bank ; but the attitude which they 
held on this question represented a complete change of ideas, 
and well illustrated the conservative influence which their 
official responsibilities exerted upon them. In the early dis- 
cussions in regard to banking, Dudley and his friends occupied 
positions quite similar to those now held by the radical party. 
In 1661-1662 John Winthrop, while in England, was admitted 
a fellow of the Royal Society, and submitted to the council of 
that body "some proposalls concerning a way of trade & banke 
wi%ut money." ^ Furthermore, although imsuccessful in in- 
teresting the Society in his scheme, he corresponded with 
various of his friends concerning his plan.^ In 1681 the Rev- 
erend John Woodbridge, who was a brother-in-law of Dudley 
and a connection of Winthrop's, published a pamphlet which 
probably set forth Winthrop's ideas.^ It proposed the estab- 
lishment of a bank, — that is, the emission of notes on the 

' American Antiquarian Society, Proceedings, New Series, iii. 272. 

2 See Trumbull, ibid.; Davis, Currency and Banking, ii. 62-68; Bullock, 
Monetary History of the United States, 31. 

'"Severals relating to the Fund," reprinted in Davis, Tracts, 1-12. This 
pamphlet is ascribed to Woodbridge by Trumbull, in American Antiquarian 
Society, Proceedings, New Series, iii. 268. 



1 66 THE PUBLIC LIFE OF JOSEPH DUDLEY 

security of land, — and asserted that this had been success- 
fully done in 1671 and 1681.^ 

A few years later another plan, the suggestion of Captain 
John Blackwell, an intimate friend of Dudley, was presented 
to the Council over which Dudley himself was presiding.^ 
By this scheme, a number of subscribers were to unite and 
choose managers and assessors. The latter were to have the 
real power and to direct the policy of the bank ; and the four 
men named by initials were Joseph Dudley, William Stoughton, 
Wait Winthrop, and John Blackwell. The capital was to be 
provided by subscriptions of £500 each from the twenty-one 
managers, making in all a total of £10,500. Instead of sub- 
scribing cash, the managers might substitute lands or goods 
for the security of the circulation, thus doing away with any 
idea of a cash capital. That a close connection between the 
bank and the government was to be maintained is seen from 
the fact that three of the four assessors were members of the 
Council, and also from the significant statement that twelve 
of the one hundred and twelve shares of the profits were to go 

1 Trumbull {ibid. 275) says that a "bank of credit was started in Massa- 
chusetts in 1671, and was carried on in private for many months — though 
without issue of bills, and that, ten years later, a private bank of credit was 
established and began to issue bills in September, 1681." So also Bullock, 
Monetary History of the United States, 31 ; and Weeden, Economic and Social 
History of New England, 329. But Davis (Currency and Banking, ii. 72) takes 
the more reasonable ground that these were but notes of individuals, to which 
the colony was accustomed, and that the mere statement in the pamphlet 
that "He did in September begin to pass forth Bills" is not sufficient for the 
assertion that a private land bank was established. 

2 This plan is probably the original of "A Model for Erecting a Bank of 
Credit," published in London, 1688, and reprinted in Boston, 1714 (Davis, 
Tracts, 35-68; see also Davis, Currency and Banking, ii. 75). Felt (Massa- 
chusetts Currency, 46-47) gives the preamble of the Council vote, but falls into 
the error — in which he is followed by Trumbull — of thinking that this bank 
was a chartered corporation (see Davis, Currency and Banking, ii. 79, note i). 
The clearest account of this scheme is by Davis, ibid. 75-81. 



CURRENCY AND BANKING 167 

to friends of the bank. Moreover, Dudley, writing on Decem- 
ber 22, 1687, to Sir Edmund Andros, as it is conjectured, 
says, "Further speech about the matter I judge not con- 
venient until we are further advanced and have received your 
express direction to attend a very good and large dividend of 
profit." ^ It is probable that nothing was actually done by the 
partners; for Blackwell wrote in July, 1688, that the whole 
scheme had been abandoned and that the press was to be 
sold.^ The plan was evidently a purely colonial one, and it 
may be surmised that it did not appeal to Sir Edmund Andros 
and the other English officials. At all events, it was not 
renewed until just before Dudley came to Massachusetts as 
governor. In 1700, a committee was appointed to consider 
the methods of reviving and supporting the trade of the 
colony.^ In March, 1 700-1 701, this committee reported in 
favor of establishing a bank of credit which should have the 
monopoly to issue notes during the term of years for which 
it was chartered. This plan, however, was rejected, and the 
matter did not come up again until 1714.^ 

On February i and 8, 17 13-17 14, the Boston News Letter 
contained an advertisement requesting all persons interested 
in the project of erecting a bank of credit to meet at the Ex- 
change Tavern, where subscriptions would be received, and 
a petition would be prepared to present to the governor and 
the Assembly.® This petition was probably presented, for on 
February 16 the Assembly appointed a joint committee of the 
House and the Council to consider whether it was expedient 
to issue a medium of exchange to supply the deficiency of 

^ Quoted in Davis's Currency and Banking, ii. 78. 

^ Ibid. 79-80; Andros Tracts, iii. 84. 

^Records of the General Court (Ms.), viii. no, June 25, 1700. 

* Davis, Currency and Banking, ii. 81. ^ Ibid. 82. 



1 68 THE PUBLIC LIFE OF JOSEPH DUDLEY 

money ; and, if the members were of the opinion that it was 
advisable to issue such a medium, they were to consider 
whether it were best to found it upon a public or a private 
bank. On the following day, the committee reported that it 
was advisable to issue some medium of exchange and that it 
should be founded on a public rather than on a private fund.^ 
This report was accepted and the House voted to appoint a 
joint committee to consider it ; but for some reason the Coun- 
cil did not concur and the matter was left over until the fall. 
Although the General Court had expressed a decided opin- 
ion in favor of the emission of bills based upon public rather 
than private credit, the private bank party continued its agita- 
tion ; and to keep the matter before the public reissued a 
pamphlet published in London, in 1688, which described the 
plans put forward by Dudley and Blackwell thirty-five years 
before.- This pamphlet discusses the subject under seven 
heads, beginning with "Some things premised for Introduc- 
tion, touching Banks in general," in which it is asserted that 
"Money, whether Gold or Silver, is but a measure of the 
value of other things," that the lack of gold and silver money 
"hath put divers Persons and Countreys upon contrivances 
how to supply that Deficiency, by other Mediums ; some of 
which have happily pitch'd upon that of Banks, Lumbards, 
and Exchange of Moneys by Bills, which have thriven with 
them. . . . The best Foundation for such an Attempt is, 
that of Real and Personal Estates, instead of the Species of 
Gold and Silver." The bank is then defined as an emission 
of bills to the half or two-thirds value of the land or goods 
mortgaged by the projectors. These projectors were to be 
organized as managers and assessors, the latter having the 

^ Records of the General Court (Ms.), ix. 354 et seq. 
^ See above, pp. 165-166. 



CURRENCY AND BANKING 169 

oversight and control of the affair. The rules of the bank 
are set forth, and then follow certain examples from practical 
trade to show the usefulness of the plan. In the sixth part 
objections are met in the form of questions and answers : 
"^. I. Can I have Monyes for Bank-bills, when I have Occa- 
sion ? Answ. I. 'Tis not propounded to be a Bank of Moneys 
(which is liable to inexpressible & unforeseen hazards) but of 
Credit to be given forth by Bills ; not on Moneys advanced, 
as in other Banks ; but (on Lands or Goods, as aforesaid,) to 
supply such as cannot get Moneys (by reason of its scarcity) 
with whatsoever may be had for Moneys." Lastly, the 
general advantages of the scheme are summed up in the con- 
clusion "That there will arise many more Convienences & 
Advantages, by this Bank, to such Countreys where they shaU 
be erected, than have been enumerated, in the several fore- 
going instances; or, well, can be. . . ."^ 

This plan, an evident repetition of the Dudley-Blackwell 
scheme, was put forward to attract attention and possibly to 
forestall opposition on the part of the government. In addi- 
tion, the projectors presented a plan of their own, which with 
certain modifications was later embodied in a pamphlet en- 
titled "A Projection for Erecting a Bank of Credit in Boston, 
New-England. Founded on Land Security." ^ This was in 
the nature of an agreement to be signed by the subscribers, 
and opened with the familiar statement, "Whereas there is a 
sensible decay of Trade within His Majesties Plantations in 
New-England, for want of a Medium of Exchange . . . and 
there being no other Expedient in our view . . . but by 
Establishing a Fund or Bank of Credit upon Land Security, 

* "A Model for Erecting a Bank of Credit," London, 1688, reprinted 1714; 
conveniently found in Davis's Tracts, 35-68. 
' Printed 17 14; reprinted ibid. 69-84. 



170 THE PUBLIC LIFE OF JOSEPH DUDLEY 

which may give the Bills Issued there-from a General Currency 
amongst us," etc. The capital of the proposed bank was 
fixed at £300,000, of which no subscriber was to take more 
than £4000 ; and every subscriber was required to make over 
his real estate to the amount of his subscription as a security 
for the notes to be issued. The subscribers agreed to give the 
bills issued the same currency as the bills of the province, and 
any person mortgaging real estate could obtain a loan in bills 
according to the rules of the bank. Regulations establishing 
the interest paid on the bills at five per cent, and directions 
for the valuation and mortgaging of certain kinds of property, 
were given. Not the least interesting of the provisions were 
those which provided that, when £150,000 had been issued, 
there should be paid out of the profits £400 a year for estab- 
lishing a charitable school in Boston, provided the town would 
agree to receive the bills of the bank for taxes. In addition, 
the sum of £200 a year was to be given to Harvard College 
for the establishment of professorships and scholarships. 

The projectors, thus frankly advocating cheap and ready 
money, held several meetings and decided to prepare a petition 
to the General Court and endeavor to enlist the support of the 
governor. Dudley was placed in a difficult position. The 
Land Bank party had used his plans of thirty-five years 
before to awaken interest in its own scheme, and had modelled 
its bank after the one which he sought to estabhsh in 1686. 
In an interview which the members of the party held with 
him, Dudley, they asserted, told them that he opposed the 
establishment of any form of a public bank and declared 
" that he would be the first Person that would take out Three 
Hundred Pounds of their Bills to promote their Credit, and 
encourage them to proceed to take Subscriptions, in order to 
lay it before the General Assembly for their Allowance ; and 



CURRENCY AND BANKING 171 

that he would do all that lay in his power to promote it ; assur- 
ing them that he would Write Home in their favour, by setting 
forth the Necessity of such a Projection." ^ Aside from this 
assertion in a partisan pamphlet full of violent attacks upon 
the governor and his friends, there is no evidence that Dudley 
favored the plans of the Land Bank party. Perhaps he was 
not altogether frank in the interview, and to avoid imme- 
diate difficulties appeared to consent to a scheme which he 
knew would be negatived either in the Council or in England ; 
but that he ever really was prepared to urge the plan cannot 
be believed. Dudley's career as governor was marked by 
insistence upon sound economic principles, and his supporters 
were found not among the Land Bank party, but among the 
conservatives of the Council. Even if he had inclined to 
such dubious doctrines, his son Paul would either have re- 
strained him or have taken a course different from the one he 
adopted; for as soon as the petition was presented Paul 
Dudley, as attorney-general of the province, offered a memorial 
in opposition, wherein he called attention to the faults of the 
project.^ As a result the Council passed an order prohibiting 
the promoters from printing their schemes or emitting notes 
until they should lay their proposal before the General Court.' 
Although this order was printed in the News Letter, it was 
followed by an advertisement announcing that the promoters 
would continue to receive subscriptions.^ 

At the fall session of the General Court, Dudley laid the 
matter before the House in a speech wherein he said that the 
House was undoubtedly familiar with the proposition of 

i"A Vindication of the Bank of Credit," . . . 1714, reprinted ibid. 147- 
166. 

* Davis, Currency and Banking, ii. 87. 

'Ibid.; also Council Records (Ms.), August 20, 17 14. 

* Davis, Currency and Banking, ii. 87. 



172 THE PUBLIC LIFE OF JOSEPH DUDLEY 

several gentlemen to supply the defect in the currency "by 
a certain method of Bills of Credit founded upon Land secu- 
rity by way of mortgages made to themselves." ^ Although 
he made no specific recommendation, he hoped that the House 
would take such action "as might secure the Honor of his 
Majesties Government over us & be for the Security & Benefit 
of the Subject in their Trade & Commerce." On October 22, 
a joint committee of the House and the Council was appointed, 
and on October 28, it presented its report.^ This report must 
have been a severe blow to the Land Bank party, for it recom- 
mended the emission of £50,000 of bills of credit, which should 
be vested in the hands of trustees and loaned out on mort- 
gages at five per cent interest.^ Thus in its encounter with the 
General Court, the bank party received a check. 

The stand taken by the government "lessened the party for 
the private bank, but it increased the zeal, and raised a strong 
resentment in those which remained" ; ^ and it precipitated a 
war of pamphlets. Paul Dudley came to the support of the 
government and criticised the project in the guise of "A 
Letter to John Burril Esq., Speaker to the House." ^ To 
Paul Dudley the bank was a "Pandora's Box," from which 
would come dire consequences to the colony, both constitu- 
tionally, since the House had no power to erect such a bank, 
and economically, since further emissions of doubtfully secured 
paper currency were not the proper remedies for the financial 
troubles of the colony. "But," said he, "if we Import from 
Abroad, more than we can Pay for, by what we Produce our 
selves, or Purchase from others with our own Commodities, 

^ October 20, 1714, Records of the General Court (Ms.), ix. 417. 

^ Ibid. 421-425. 

^ Massachusetts Acts and Resolves, i. 750. 

^ Hutchinson, History of Massachusetts, ii. 190. 

^Boston, 1 714; reprinted in Davis's Tracts, 85-110. 



CURRENCY AND BANKING 173 

we shall unavoidably grow Poor, and a Million of Paper- 
Money won't help the matter at all." This able pamphlet, 
with its sound but scathing criticisms, brought rejoinders 
from the other party. "A Letter from One in Boston to his 
Friend in the Country" was an obvious attempt to defend the 
project and win the votes of some of the country members of 
the House.^ Both this and ''A Vindication of the Bank of 
Credit " ^ contain not merely the economic arguments of the 
time, but also savage attacks upon Paul Dudley and the gov- 
ernor, who is accused of bad faith in having at one time favored 
the plan. The struggle in the colony became so bitter that it 
"divided towns, parishes, and particular families."^ The 
hostility of the Land Bank party naturally centred upon the 
governor and his family, who were rightly held to be largely 
responsible for the failure of the project. Nor did Dudley's 
activity stop with the defeat of the scheme in the colony. He 
learned that the Land Bank party was about to carry its case 
to England, and to obtain there the charter which the General 
Court refused to grant. He therefore sought "with consider- 
able Warmth" to have most emphatic instructions to oppose 
the petition sent to Jeremiah Dummer, the agent for Massa- 
chusetts.^ Instructions were sent, though not so emphatic 
as the governor wished ; but even these were unnecessary, for, 
as Dummer reported, the Board of Trade would not hear him 
on the subject, "for they were so clear in it that they answered 
me at once that no such thing should be done." ^ 

^Printed 1714; reprinted ihid. 111-145. 

^Printed 1714; reprinted iSirf. 147-166. 

^ Hutchinson, History of Massachusetts, ii. 189. 

* Sewall's Diary, November 30, 1714, Massachusetts Historical Society, 
Collections, 5th Series, vii. 27. 

^ April 5, 1 715, Massachusetts Archives (Ms.), li. 273-277. The petition of 
the Land Bank party is in the Bodleian Library, Rawlinson Mss., C. 128, f. 21. 



174 THE PUBLIC LIFE OF JOSEPH DUDLEY 

Thus, believing that the defeat of the project both in Massa- 
chusetts and in England was due to the governor, the private 
bank party brought all its influence to bear to bring about the 
removal of Dudley and the appointment of some other man 
who would be more pliable. Although opposed by Dummer 
and Sir William Ashurst, it at length found an instrument in 
one Colonel Elizeus Burgess, a mercenary ofhce-seeker, who 
had at one time been an aide to Stanhope. What inducement 
the private bank party offered Burgess is not known ; but he 
promised not to interfere with its plans and to use his influence 
with Stanhope to bring about Dudley's removal. In this he 
was successful ; for, although Dudley had in a measure Kved 
down his unpopularity in Massachusetts, his friends and sup- 
porters were no longer in power in England, and the new minis- 
ters sought to find positions for their own supporters. How- 
ever, the private bank party reaped little advantage from the 
removal of Dudley, for Dummer paid Burgess £1000 to resign 
the office in favor of Shute, a man pledged to oppose all the 
schemes of the radical party; and Dudley, though removed 
from office, had the satisfaction of knowing that his opposition 
had postponed the financial disasters which later overtook 
Massachusetts. 



CHAPTER IX 
DUDLEY'S FIGHT TO RETAIN OFFICE 

To retain his post during the thirteen troubled years of his 
administration Dudley was forced to be continually on the de- 
fensive. A royal governor attempting to carry out the policy 
of England could not hope for the support of the province ; 
rather must he be prepared to encounter bitter opposition in 
the performance of his duty. His every act would be judged 
by the colonists, not from the point of view of the advantage 
to England, nor even from that of the need of the colonies as a 
whole, but from the effect that such a policy would have upon 
Massachusetts. Nor had Massachusetts a clearly formulated 
policy which a royal governor could adopt ; hardly a question 
other than the safety of the colony could be brought forward 
for which a governor could obtain united support. The same 
feeling of individualism which arrayed the colony against 
England was to be found in the parties and factions within 
the colony. The House was jealous of the Council, the 
country towns of the wealth and influence of Boston, and the 
people of any exercise of executive authority ; while all these 
tendencies were generally united in common opposition to any 
manifestation of royal prerogative. 

The personal popularity of a governor might, as in the case 
of Bellomont, silence some of the most malicious attacks and 
prevent concerted attempts to obtain his removal, but no 
personal popularity had ever enabled a royal governor to 
carry out completely the desires of England. Dudley, more- 

175 



176 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

over, was not popular. To the difficulties of the task of en- 
deavoring to enforce a distrusted English policy were added 
all the enmities he had made during his previous administra- 
tion in the colony. Thus he always encountered bitter and 
unrelenting enemies who brought personal spite and zeal to the 
conflict and made at least two concerted attempts to accom- 
plish his removal. 

His most consistent enemy was Sir Henry Ashurst, who 
from the time when he was first employed by the Massachu- 
setts agents in 1690 never ceased to oppose Dudley. As has 
been seen, he discredited Dudley in Parliament and blocked 
his ambition to succeed Sir William Phips, and he thwarted 
Dudley's plan to unite Connecticut and Rhode Island under 
one jurisdiction. These services he was never tired of re- 
counting; but his enmity found expression in more active 
ways, and from 1702 to 17 10 he was in communication with 
Dudley's opponents, seeking examples of his misrule and 
actively pressing for his removal.^ In season and out of sea- 
son, he was on the alert and left no means untried to secure 
his object. Near the end of his life, when Dudley's position 
seemed secure, Ashurst wrote, "Every body thinkes him an 
excellent Gov^ but S"" H. A." 2 

Next to Ashurst, though not so consistent in their enmity, 
were the Mathers, father and son, with all the interests and 
influence that they could control. This enmity was inherited 
from the revolutionary period ; but just previous to Dudley's 
appointment a reconciliation had taken place, the price for 
which can only be inferred. There is evidence to believe 



1 Ashurst to Wait Winthrop, August 28, 1704: "I shuld bee glad P a safe 
hand to haue the acco. of all D[udley's] proceedings in New England. . . ." 
(Massachusetts Historical Society, Collections, 6th Series, v. 131). 

* Ashurst to Increase Mather, May 10, 1710, ibid. 216. 



STRUGGLING FOR OFFICE 177 

that Cotton Mather sought Dudley's friendship and favored 
his appointment in the hope that he might utiUze the gov- 
ernor's influence in the quarrels in which both Cotton and 
Increase Mather were involved. Dudley had hardly landed, 
however, before he offended the Mathers by consulting with 
their opponents; and the reconciliation, founded on such an 
insecure basis, was seriously undermined.^ Then, when by 
the election of Leverett to the presidency of Harvard College 
the ambition of the Mathers seemed forever blocked, the friend- 
ship was converted into open and bitter hostility.^ Their 
disappointment was increased when they remembered how 
completely Dudley had been in their power at the time of the 
Revolution, and when they recognized that without their aid 
he probably could never have been appointed governor ; but, 
as will be seen, their very vindictiveness and bitterness reacted 
against them, for in their eagerness to press home every charge 
against the governor, they included ridiculous rumors which 
discredited their whole effort. 

Though Sewall and Wait Winthrop were both connected 
with Dudley through the marriages of their children, they 
also opposed him. Winthrop was in constant communication 

1 "The WRETCH went unto those men [Byfield and Leverett] and told them, 
that I had advised him to be no ways advised by them; and inflamed them 
into an implacable rage against me. " — Diary of Cotton Mather, Jmie 16, 1702, 
ibid, ist Series, iii. 138. 

2 Quincy (History of Harvard University, i. ch. viii) gives an account of the 
Mathers' attempts to utilize Dudley's influence and their anger at their failure 
to do so. He also credits Dudley with making the suggestion that the college 
obtain, by a resolution rather than by an act of the General Court, the revival 
of the charter of 1650, and suggests that it was through Dudley's influence that 
this action was not questioned in England. This course is contrary to the 
policy that Dudley usually pursued in his relations with the English authorities, 
but it is tj^jical of his sharp political practice. Although he alienated the 
Mathers, he gained the support of the rich and influential group to which 
Brattle and Leverett belonged. 



1 78 THE PUBLIC LIFE OP JOSEPH DUDLEY 

with Ashurst, and was a possible candidate for the post of 
governor or heutenant-governor if Dudley should be removed. 
Sewall, personally honest, was a time-server, ever ready to con- 
gratulate the governor on his success, but secretly working 
for his downfall and for the appointment of Higginson.^ The 
opposition of these men differed from that of the Mathers ; 
for Dudley remained on friendly terms with Winthrop and 
Sewall throughout his life, and his personal relations with 
them were close and intimate. Their antagonism was merely 
a piece of personal poUtics, — Sewall's to protect his own 
interest and reputation, Winthrop's to gain advantage and 
satisfy his own ambition. Of a still different character was 
the opposition of Elisha Cooke. He was one of the survivors 
of the old revolutionary party, and was opposed alike to the 
compromises of the Mathers and to the avowed EngHsh policy 
of Dudley. He deprecated what he considered the surrender 
of Massachusetts in the acceptance of the charter, and bitterly 
resented his exclusion from the Council by Phips. Repre- 
senting ideas so contrary to those which Dudley held, it is 
not to be wondered at that the governor refused him a seat in 
the Council, nor is it strange that Cooke steadily attempted 
to thwart Dudley and seek his removal. His enmity, however, 
was open and consistent, quite different from the selfish incon- 
sistency of the Mathers and the temporizing treachery of 
Sewall and Winthrop. 

Closely connected with the opposition of Cooke, and form- 
ing the party of which he was the leader and on which he could 
rely, were the remnants of the old revolutionary party. This 
group was particularly active in some of the country towns, 
and included not merely those who opposed the new regime 

* Sewall to Ashurst, February 25, 1 707-1 708, Massachusetts Historical Society, 
Collections, 6th Series, i. 359. 



STRUGGLING FOR OFFICE 179 

and hated Dudley as the betrayer of the charter, but those 
who distrusted executive control of any sort. Another group 
of opponents was found in New Hampshire. Here Lieu- 
tenant-Governor Usher and those who sought for profit in 
land speculation from the proprietors were always ready to 
procure and sign petitions for Dudley's removal. Equally 
active and troublesome were the disappointed place-hunters 
and the merchants whom Dudley had been obliged to offend 
by the enforcement of the navigation laws. Their names were 
found on every petition to remove him ; and their affidavits 
beginning with the vague "It is reported," though satisfying 
to the Mathers, were not believed in England. Finally, 
toward the end of his administration, Dudley was confronted 
by the Land Bank party, a faction more dangerous than any 
other combination he had faced, for it was founded upon a 
definite principle rather than upon jealousy and envy. This 
party, operating in England under the changed conditions 
consequent on the accession of George I, was successful in 
bringing about Dudley's removal. 

Against these opponents, Dudley had to gather a party on 
which he could rely. The more wealthy merchants in Boston, 
whose interest it was to support him as the representative 
of the conservative party in banking, favored him. The 
contractors and purveyors of the army were on his side. In 
country towns he won friends by giving commissions in the 
militia. He kept an open house during the session of the 
Court, and set a lavish table, to which he took care to invite 
the country members, who were sometimes won over by this 
means. And in spite of his failings of temper he possessed a 
good deal of tact and personal charm, by which, when every- 
thing else failed, he could sometimes transform an enemy into 
a friend. 



l8o TEE PUBLIC LIFE OF JOSEPH DUDLEY 

This party, strong as it was in Massachusetts, would not 
have been sufficient to keep him in office without a powerful 
backing in England. It has been seen that he made himself 
acceptable to patrons as diverse as Blathwayt, the Bishop of 
London, and Lord Cutts. Blathwayt was Dudley's sponsor 
from his entrance into English intrigue on his first mission to 
England ; and he remained his constant supporter. As clerk 
of the Privy Council, member of the Board of Trade, or mem- 
ber of Parliament, he acquiesced in Dudley's first appointment 
as president of the Massachusetts council, suggested his 
service in New York, and very probably procured him the post 
under Lord Cutts. Blathwayt and Dudley together attempted 
to thwart the reversal of the Leisler attainder ; and Blathwayt 
urged Dudley's appointment as governor in 1695 and 1702, 
and advised, supported, and defended him throughout the 
greater part of his administration. 

Though Blathwayt's influence seemed almost permanent 
in the Board of Trade, Dudley sought to bring himself before 
the attention of other English politicians. In this endeavor 
he was aided by John Chamberlayne, whose friendship he 
retained throughout his administration. Besides possessing 
influence as a literary and scientific man, active in the affairs 
of the church and busy about the court, Chamberlayne was 
an inveterate letter-writer. He was, in short, just the 
person to act as Dudley's confidential representative to keep 
him informed concerning the feeling in England. Aside from 
the enjoyment which he had in the task, Chamberlayne 
expected the more solid reward of the position as English 
agent for Massachusetts; but this Dudley could not obtain 
for him.i Through Chamberlayne he was informed of the 

1 "I am very sorry to find that the business of the Agency drives as heavily 
as Pharaoh's charriots in the Red Sea. " — Chamberlayne to Dudley, June 22, 



STRUGGLING FOR OFFICE i8i 

various complaints against him. His pressing for his salary 
and his action in refusing the councillors made a bad impres- 
sion on some of his supporters in England, who feared that he 
was too precipitate.^ He was warned that Jehu was recog- 
nized by his furious driving, and that although he was out of 
sight the disturbance which he raised could be heard.^ Blath- 
wayt also sent him a warning ; ^ and Chamberlayne advised 
him to allay the feeling against him by "judicious letters" to 
the Bishop of London and the lord president of the Council, 
and to Nottingham and Weymouth. Dudley not only wrote 
the letters, but sent a present of furs, which strengthened 
Nottingham to his interest.^ Thus, by means of flattery, 
presents, and possibly bribes Dudley was able to keep his 
friends at court and to count on their support in the frequent 
attempts to remove him. He had, as Ashurst said, "such 
insinuation, such parts, that only Satan himself hath greater " ; ^ 
and so long as his friends were influential at the court of Queen 
Anne, he kept his office. 

The efforts to remove Dudley began almost simultaneously 
with his appointment; for in 1702, Chamberlayne reported 
that there was an attempt to displace him and to unite Massa- 
chusetts under the rule of "a certain noble peer that ows you 
io£."^ This attempt came to nothing; but Ashurst wrote 
to Winthrop to keep him informed of Dudley's proceedings, 

1704, Massachusetts Historical Society, Collections, 6th Series, iii. 544. About 
a year before, July 24, 1703, Chamberlayne had written, "The antient and 
repeated assurances your Ex^'f was pleas'd to give me of the business of an 
Agent, even whilst your affaires were sub judice, leave me no room to imagin 
that you can ever alter your kind intentions in that matter, and therefore we 
will wait with patience for an alteration in your government" {ibid. 540). 

* October 27, 1702, ibid. 532. ^ Ibid. 529. 

* December 25, 1703, ibid. 542. * Ibid. 539. 
■•Ashurst to Winthrop, August 24, 1708, ibid. v. 173. 

* Ibid. iii. 530. (Lord Combury.) 



i82 THE PUBLIC LIFE OF JOSEPH DUDLEY 

adding that he hoped to see New England in other hands.* 
To discredit Dudley and at the same time to save the Con- 
necticut charter, Ashurst opposed the scheme for colonial 
union ; but the failure of Dudley's plans did not seem to the 
Board of Trade a sufficient cause for his removal. The most 
concerted and active attempt, however, was made in 1707. 
In June of that year, a petition was presented to the queen 
asking for Dudley's removal.^ The first signer of the petition 
was Nathaniel Higginson, a Massachusetts merchant, who had 
gone to England in 1674, entered the service of the East India 
Company, and was now in London corresponding with his 
former friends, Sewall and the Mathers. Among the other 
signers were William Partridge, formerly lieutenant-governor 
of New Hampshire, his son Richard, Thomas Allen, who was 
probably the son of the proprietor, and John Hinks of that 
province. The petition represented the discontented faction 
in New Hampshire which resented Dudley's attitude in the 
dispute over land titles. Higginson and some of the other 
signers had been Massachusetts colonists, and Higginson was 
put in the front rank because of his experience as governor of 
the factory at Fort St. George. It was thus a joint attack 
made by the malcontents of both provinces. 

The grounds on which Dudley's removal was asked were that 
he had countenanced illegal trade with the French and had 
furnished the enemy with ammunition ; and that when the 
traders were suspected the governor delayed their prosecution 
until the "ammunition he had furnished the enemy was used 
by them to the destruction of your majesty's good subjects, 
and that colony thereby put to thirty thousand pounds 
charge." It was also asserted that he had prevailed upon the 

^August 28, 1704, ibid. v. 131. 

' Hutchinson, History of Massachusetts, ii. 145. 



STRUGGLING FOR OFFICE 183 

General Court to change the accusation of Vetch and his 
accomplices from treason to misdemeanor, and that he had 
attempted to mitigate the punishment and fines voted by the 
Court. 

Still further to discredit Dudley and to stir up official and 
popular feeling against him, there appeared in London a few 
weeks later a pamphlet entitled ''A Memorial of the Present 
Deplorable State of New-England." ^ This was a bitter attack 
upon the governor, not merely accusing him of the serious 
charge of trading with the enemy and manipulating the 
trial of the traders, but asserting, under the guise of unsigned 
letters and affidavits, that the governor corresponded with 
a "Jesuit or Friar of great influence" and boasted that he 
could do what he would with the enemy. Dudley was charged 
with bribery, corruption, and intimidation ; and the favorable 
addresses which Massachusetts and New Hampshire had sent 
were scoffed at as being obtained from office holders and 
friends. From internal evidence it is probable that Cotton 
Mather was the author of this pamphlet, to which Partridge 
added some of the affidavits; and from the similarity of the 
accusations in this and the Higginson petition, there is no 
ground to doubt that the two were parts of a carefully planned 
attack made by Dudley's enemies in both England and Amer- 
ica.^ The attack was well timed ; for from February to Sep- 

^ The original copy is in the Public Record Office, Board of Trade's Papers, 
New England, 13, R. 13. It is reprinted in Massachusetts Historical Society, 
Collections, 5th Series, vi. 31*. Dudley, in his reply, "A Modest Enquiry into 
the Grounds and Occasions of a Late Pamphlet intituled, A Memorial of the 
Present Deplorable State of New-England," asserts that the original pamphlet 
appeared in London, July 10, 1707. 

^ In March, 1 707, Luttrell {Brief Historical Relation of State A fairs, vi. 1 5 2) re- 
cords the rumor that Hunter was to be sent to succeed Dudley ; and May 10, 1 707, 
Ashurst wrote that he did not doubt that Dudley would in a little time be suc- 
ceeded by a more worthy person (Hutchinson, History of Massachusetts, ii. 147). 



l84 THE PUBLIC LIFE OF JOSEPH DUDLEY 

tember, 1707, the Board of Trade and the Privy Council had 
before them the whole matter of illegal trade and the particular 
cases of Vetch and Bourland. Had they not believed the 
assertion of Dudley that the unusual action of the General 
Court was due to popular excitement, they might have be- 
lieved that it was, as his enemies declared, a device to divert 
suspicion from himself. 

That rumor and suspicion had not spared the governor is 
seen from the action of the General Court in Massachusetts. 
On July 9, 1706, while the trial was still in progress, the House 
voted that it was "utterly false & without the Colour of 
Truth," that the first question asked of the prisoners was 
whether the governor was concerned in the trade. The 
House also thanked Dudley for using his influence to prevent 
such a trade not only in the present instance, but at all times. ^ 
There is nothing to show that the governor made any attempt 
to procure the passage of this vote ; nor did his most bitter 
enemy. Cotton Mather, in his attack the following year, accuse 
him of such an attempt. Therefore it is fair to assume that in 
July, 1706, there was no evidence that Dudley was engaged in 
such trade or that the House believed him to be. Moreover, 
the letters of Winthrop to Fitz-John Winthrop, in which the 
account of the arrest is given and the rage and rumors of the 
people are described, there is no mention made of any complic- 
ity on the part of the governor ; ^ and Colonel Quarry, reporting 
to the Board of Trade six months later, accuses some "top- 
ping men of that Government," but not the governor.^ That 
Vetch and his associates were concerned in the trade is cer- 
tain, and that Winthrop sympathized with them he himself 

1 July 9, 1706, Records of the General Court (Ms.), viii. 218. 

^ Massachusetts Historical Society, Collections, 6th Series, iii. 333-336. 

s New York Colonial Documents, v. 30 et seq. 



STRUGGLING FOR OFFICE 185 

says.^ Moreover, Livingstone, a connection of both Winthrop 
and Vetch, was reported on a similar voyage and warned not 
to come to Boston.^ These men were suf&ciently prominent 
to account for the "topping men" in Quarry's report. Had 
the governor himself been engaged in the trade, there would 
have been some evidence of the fact either in the accusations 
of his enemies or in the confidential letters of his friends. 

Copies of the Higginson petition and the Mather pamphlet 
reached Boston on November i, 1707.^ Dudley was furiously 
angry and demanded a vote from the General Court clearing 
him of all suspicions. He first read the petition before the 
Council and demanded that it be voted a scandalous and 
wicked accusation. Sewall prayed that it might be laid over 
a few days, but the vote was rushed through and sent to the 
House.^ Here occurred a delay. The matter had now become 
a party conflict ; for, on October 28, Leverett, the governor's 
candidate, had been chosen president of Harvard College, 
thus ending the control of the Mathers over that institu- 

1 Winthrop to Fitz-John Winthrop, June, 1706, Massachusetts Historical 
Society, Collections, 6th Series, iii. 333-336. 

2 Winthrop to Fitz-John Winthrop, June 24, 1706, ibid. v. 142. 

' Sewall 's Diary, November i, 1707: "After coining from Council I read 
the Book printed against the Glovernour in London. I had not seen it before." 
— ibid. 5th Series, vi. 197. 

^ " We firmly believe and are of the opinion [that] The Allegations therein 
of the Governour's Trading or allowing a Trade w"* Her Ma'^" Enemies the 
French & the Indians in their Interest is a Scandalous and wicked Accusation, 
The contrary Alwaies being apparent to Her Ma'^^ good Subjects under his 
Governm , more especially to this Board, And in particular to the General 
Ofiicers Attending his Exell*^^ as Secretary and Commissary General. His 
Negotiations and Letters with the Agents or Messengers from the French 
Govern" or Commanders of the Neighbourhood being from time to time laid 
before the Council and the Assembly when Sitting ; And are very Sensible of 
his indefatigable Care and pains in a Vigorous & successful pursuit of the 
Enemy and Protection of her Ma'^' good Subjects — Pass'd Unanimously. " — 
Massachusetts Archives (Ms.), xx. 109. See also Records of the General Court 
(Ms.), viii. 318. 



i86 THE PUBLIC LIFE OF JOSEPH DUDLEY 

tion.^ The Mather interest, which had been growing cold 
toward the governor and had been secretly against him, now 
became violently and openly hostile ; and it was probably this 
interest that delayed the vote of vindication. The vote of the 
Council was passed November i, and though three separate 
messages were sent to the House, nothing was done.^ On the 
loth, a conference took place in which the governor assured the 
House that the Council was unanimous for his vindication,^ and 
on the 2 1 st the desired vote was passed,^ This was too much for 
Sewall. He had held a conference with one of the prisoners 
from which he inferred that the governor was at least aware of 
some illegal business. Sewall was a friend and admirer of 
Higginson, and he resented the manner in which the vote had 
been rushed through the Council. He therefore publicly 
withdrew his vote; "Not," he wrote, "that I Suspect the 
Governor designed to hurt the Province; But to gratify 
Grateful Merchants."^ 

This incident became the central theme of a new attack by 
the Mathers in a second memorial on the "Deplorable State of 
New England." ^ Not only were they now confident that 
Dudley was privy to the trade, but they held that this retrac- 
tion of Sewall's counterbalanced the "blanching process," 
as they termed the votes of confidence passed by the Court, 

1 Sewall's Diary, October 28, 1707; Records of tJte General Court (Ms.), viii. 

325- 

2 November 4, 5, 6, 1707, Records of the General Court (Ms.), viii. 318-320. 
^ Ihid. 332. 

* Ibid. 333. The original vote is in Massachusetts Archives (Ms.), xx. 109: 
"Voted That we firmly believe and are of the Opinion The Allegations ... of 
the Governour's Trading or Allowing Vetch, Borland & Lawson to Trade with 
her Majesties Enemies, the French & Indians in their Interest is a scandalous 
and wicked accusation." 

^ Sewall's Diary, November 25, 1707 ; Massachusetts Archives (Ms.), xx. loi. 

^London, 1708; reprinted in Massachusetts Historical Society, Collections, 
5th Series, vi. 97*. 



STRUGGLING FOR OFFICE 187 

— votes which they now accused Dudley of procuring by in- 
timidation and corrupt means. If this last charge be true, 
Dudley must have been a consummate politician ; for he had 
obtained vindication not only from the Council, which was 
not altogether hostile to the Mathers, but from the House, 
which was more under their influence and in which sat Elisha 
Cooke, the governor's most consistent enemy. It is altogether 
improbable that such was the case ; on the contrary, it is far 
easier to believe that the House passed the vote of vindication 
because it had no evidence of any complicity on the part of the 
governor. All that the enemies of Dudley could produce as the 
result of the most careful search was an invoice, publicly 
signed and witnessed, allowing Rouse to carry under a flag of 
truce some nails, knives, and provisions. There is no doubt 
that the privilege was abused, and that this innocent permis- 
sion was made to cover commerce of a more doubtful nature ; 
but the accusations of the governor's complicity were based 
on doubtful rumor and malicious suspicion. 

Having thus gained official vindication from the General 
Court, Dudley prepared his defence for use in England. It is 
dated November 10, 1707, and is entitled "Colonel Dudley's 
Most humble Defense and Apology against Most Unjust and 
false Representations in an Address Offered to her Majesty at 
Windsor on the Twenty-third of June last past."^ After 
reviewing the career of his father and his own previous ser- 
vice, he defends his war policy, showing that "Whereas in all 
former warrs with the French and Indians, her Maj''®^ 
government had been always fain to purchase their Prisoners 
at Five Pounds a head or more, the s'' Dudley has forced them 
to Exchange prisoners without the least Ransome." He 
asserts as one of his merits that he has obtained information 

^ Public Record Office, Treasury Papers (Ms.), ciii. 61. 



1 88 THE PUBLIC LIFE OF JOSEPH DUDLEY 

from his agents at Quebec and among the Indians, and thus 
has been able to forestall some of the Indian raids. As for his 
partnership with Vetch, "the Seizure," he says, "of his and 
his Partners Estates and Effects and Confiscating them to her 
Majesty, and his proceeding against them to fines to the value 
of Three thousand pounds; and Saving those Fines to her 
Maj''®* Disposal which was never before done in these her 
Maj''®^ Provinces it is hoped will acquit him from partnership 
with them." Additional letters of defence and explanation 
were sent to the Board of Trade, Chamberlayne was supplied 
with material for his vindication, and a special petition was 
sent from the Reverend Solomon Stoddard and other ministers 
asking for Dudley's continuance.^ Finally there appeared in 
London a pamphlet entitled "A Modest Enquiry into the 
Grounds and Occasions of a Late Pamphlet, intituled, A 
Memorial of the Present Deplorable State of New-England."^ 
This was Dudley's answer to the first Mather pamphlet and 
his attempt to influence public opinion. The charges of the 
Mathers are taken up in detail and either ridiculed or answered 
one by one ; and the pamphlet closes with copies of the 
numerous addresses from the merchants in Boston, the minis- 
ters of New England, and the officers of the militia. The 
whole reply is more temperate in tone and convincing in rea- 
soning than the attack of the Mathers. 

The Board of Trade believed Dudley's defence ; for on its 
copy of his pamphlet is the endorsement: "May depend upon 
the Protection of the Board while he acts for Her Majestys 
Service." ^ Chamberlayne and Blathwayt probably aided 

1 Board of Trade, Papers, New England (Ms.), 13, Q- 5°, R- 64 and 66; 
Entry Book, 41, F. 84. Treasury Paperc (Ms.), ciii. 61, 63, cv. 44. 

^London, 1707; reprinted in Massachusetts Historical Society, Collections, 
5th Series, vi. 65*. 

* Board of Trade, Papers, New England (Ms.), 13, R. 64. 



STRUGGLING FOR OFFICE 189 

him ; and the Privy Council, after niimerous delays and post- 
ponements, heard both sides by counsel and dismissed the 
charges as "frivolous."^ 

Before this decision was rendered in England, the Mathers, 
smarting under the sense of defeat, addressed two violent 
letters to Dudley. Increase Mather accused him of murder- 
ing Leisler, of bribery, of planning to ruin the colony, of false- 
ness to the college, and, as a climax, declared, "It was a letter 
of my sons which you read to the King that inclined him to 
give you a commission & that the King thought that the letter 
had been mine." Cotton Mather, who had in a previous letter 
used figurative language referring to Dudley as of the tribe of 
Naphtali, "a mode of speaking used among gentleman of 
polite education," now descends to plain language. He admits 
that he supported Dudley before King William, but he thought 
that he had reformed. He accuses him of covetousness and 
bribery, of improper use of commissions, of intimidation of the 
Council and the House, and of intentionally sparing Port 
Royal at the time of the Church expedition in order to enjoy 
the illegal trade. "The whole affair of those grateful mer- 
chants," he declares, "will by degrees be brought to light." 
Dudley's reply was in the form of a joint letter which must have 
cut the Mathers to the quick. Little attempt was made to 
answer charges so wild and vague ; but the governor gravely 
reproved both father and son, expressed astonishment that 
they should so forget their station, and hoped that soon they 
would come to their senses. Why had they remained silent 
so long ? If he was a murderer now because of Leisler's execu- 
tion, he was one at the time they were supporting him and 
urging his appointment. "Every one," he asserts, "can see 

^ Register of the Privy Council (Ms.), Anne, iii. 382, 389, 408, 477, 510; Lut- 
trell. Brief Historical Relation of State Ajffairs, iv. 193, 260. 



I go THE PUBLIC LIFE OF JOSEPH DUDLEY 

through the pretense & is able to account for the spring of 
these letters, and how they would have been prevented with- 
out easing any grievance you complain of." ^ 

The final retort of the Mathers was contained in a pamphlet 
printed in London in 1708, after the Privy Council had dis- 
missed the charges against Dudley.^ The same accusations 
are brought forward again, the ''blanching process" by which 
Dudley had gained the vindication of the Court is exposed, 
and Sewall's withdrawal of his vote is given in full. The 
favorable addresses for the governor are scoffed at as coming 
from those dependent upon Dudley, and he is charged with 
overawing the Court. Besides being sharp and bitter in tone, 
the charges are so extreme and the language so violent that 
the pamphlet could have had little effect save on those who 
were already Dudley's enemies. The very violence of the 
attack discounted the truth of the charges. Had the Mathers 
been content to charge Dudley with connivance at illegal 
trade, even though no legal proof had been brought against 
him and though the specific accusations had already been 
heard and dismissed, they might have strengthened suspicions 
concerning his honesty ; but their wild accusations were sup- 
ported by no satisfactory proof, and their charges were not 
believed. Careful study confirms the belief that these charges 

^The correspondence between the Mathers and Dudley is to be found in 
Massachusetts Historical Society, Collections, ist Series, iii. 126 ct seq.; Mar- 
vin's Life and Times of Cotton Mather, 350-353, and Wendell's Cotton Mather, 
ch. X, both treat this episode. In this same year Dudley wrote to the Bishop 
of London, "I have served the Queen faithfully here and everybody that is 
disposed to peace and quietness say so publickly, but I cannot be at peace 
with Mr. Mather and his son, they pursue me Everywhere, I must bear it as 
well as I can. " — Society for the Propagation of the Gospel, Letters (Ms.), iv. 38. 

2 "The Deplorable State of New- England, by Reason of a Covetous and 
Treacherous Governour . . ." London, 1708; reprinted in Massachusetts His- 
torical Society, Collections, sth Series, vi. 97*. 



STRUGGLING FOR OFFICE 191 

were "frivolous," the last resort of a disappointed and de- 
feated party. 

Dudley was successful ; but Ashurst, though admitting his 
defeat, did not relax his enmity. His next efifort was to dis- 
place Dudley by Sir Charles Hobby, a man of notoriously 
loose morals, whose faults Ashurst well knew; "but," he 
wrote, "the earth must helpe the woman." ^ Sir Charles 
came over to Boston in 1708 ; but before the year was out he 
was won over to Dudley's party ,2 and Dudley was still in 
power, — perhaps, as Ashurst hints, because of the influence 
of the great Whig lords. ^ 

Ashurst's adherents in America may have doubted his 
ability, for a movement was started to appoint a special agent 
for Massachusetts. The choice of the House fell upon Sir 
William Ashurst,* the brother of Sir Henry. No selection 
save that of Sir Henry himself could have been so displeasing 
to Dudley, who threatened to refuse to sign the commission 
at one session of the Council, and raged and stormed when 
the bill was finally sent up. Nevertheless, he was forced to 
sign the bill and the instructions.^ At the same time he 
sent a letter to Sir William, trying to make his peace with 
him and win him to his side. Although Sir William refused 
the appointment, Dudley gained his end and made him his 

1 Ashurst to Winthrop, August 24, 1708, Massachusetts Historical Society, 
Collections, 6th Series, v. 173. 

2 Ashurst to Increase Mather, October 10, 1709: "I heare S'^ Ch 

H is come into his interest" (ibid. 199). 

'Ashurst to Mather, February 17, 1709/1710: "But money & something 
else kept him in, which I dare not write you. What if y* Whig Lords doe it ? " 
— ibid. 215. 

* Massachusetts Archives (Ms.), xx. 127; Records of the General Court (Ms.), 
ix. 7. 

^Sewall's Diary, February 7, 1709/10; Records of the General Court (Ms.), 
ix. 7. 



192 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

friend ; ^ for at a later crisis he was supported with all the in- 
fluence and interest that Sir William Ashurst could muster. 
Since Ashurst had refused the appointment, a new choice had to 
be made ; and on the petition of the merchants in London the 
House elected Jeremiah Dummer, a native of Massachusetts.^ 
Though opposing this appointment and wishing one of his 
friends, Henry Newman, to have the post,^ Dudley took care 
to win Dummer over to his side. In time he was successful, 
and Dummer, together with Sir William Ashurst, continued 
to support him as long as he remained in power. 

Though Sir Henry Ashurst was agent for Connecticut, he 
took great interest in Massachusetts and believed it his mis- 
sion to oppose Dudley; hence the appointment of a special 
agent for Massachusetts seemed a slur upon his abilities. The 
Mathers, moreover, reproached him with failure to carry out 
his plans in removing Dudley ; ^ and thus put upon the defen- 
sive, he organized one final attack. He had for his allies the 
Duke of Devonshire, Lord Sunderland, and Godolphin,^ 
a combination which seemed invincible. Dudley, however, 
had perfected his intrigues with Sir Charles Hobby, who, 
instead of opposing him, favored his continuance ; so that the 

^ Dudley to Sir William Ashurst, November 15, 1710, Correspondence between 
the Governors and Treasurers of the New England Company in London and the 
Commissioners of the United Colonies in America (ed. J. W. Ford, London, 1897), 
92. 

2 The petition is in Massachusetts Archives (Ms.), xx. 114; the vote of the 
Court, November ■<o, 1710, is in Records of the General Court (Ms.), ix. 87. 

^ By direction of the governor the secretary informed the House that the 
governor recommended Henry Newman, Esq., "a gentleman of the Country 
now Resident in London and well known at Court to the Ministry" (Records 
of the General Court, ix. 83, November 9, 1710). 

* Ashurst to Increase Mather, May 10, 1710, Massachusetts Historical So- 
ciety, Collections, 6th Series, v. 216. 

"• In the same letter Ashurst writes : "... I answer, D had been out if 

the Duke of Devonshire had liv'd. My L** Sund & L'' Treas promised 

me it; and that I should name whom I pleased to succeed." 



STRUGGLING FOR OFFICE 193 

witnesses against him found themselves confused and dis- 
credited, and, confronted by such a mass of favorable testi- 
mony, Sir Henry Ashurst concluded that ''every body thinkes 
him an excellent Gov^ save S. H. A."^ This was the last 
attempt made by Ashurst to remove Dudley, and the last one 
made during the reign of Queen Anne. Throughout her 
reign, Dudley had kept his post by the means of his friends at 
court. With the accession of George I, however, new poli- 
ticians gained the ascendency, with whom Dudley did not 
have the same influence, and new and more formidable parties 
were formed in Massachusetts. To these new conditions 
Dudley had to give way. 

The next attempt to supersede Dudley, resulting from these 
new conditions, had its origin in Massachusetts. The news of 
the death of Queen Anne was slow in reaching Boston. Not 
only was the ofi&cial notice delayed until September 17,^ but 
the proclamations and orders of the Board of Trade were still 
longer on the way, owing to the wreck of the sloop Hazard, 
which brought them.^ In the interim, the Council saw its 
opportunity to remove Dudley and to manage affairs itself. 

It was a principle of English law that all commissions that 
were issued to run during "pleasure" were rendered void by 
the death of the sovereign granting them, unless continued by 
a proclamation of the successor. In 1708 an act was passed 
amending this principle, so that commissions were to run for 
six months after the demise of the sovereign unless cancelled 
by the successor. The charter of Massachusetts directed 
that in case of the absence or the death of the governor the 
administration should devolve upon the lieutenant-governor, 
or, in case of his incapacity, upon the eldest councillor. This 

^ Ibid. 219. '^ Council Records (Ms.), vi. 251. 

' Massachusetts Historical Society, Proceedings, 2d Series, xv. 338. 



194 THE PUBLIC LIFE OF JOSEPH DUDLEY 

rule was repeated in Dudley's instructions, and by his direc- 
tions had been entered on the books of the Council, and a 
second time entered after the passage of the act of 1708.^ 
On these directions the Council rested its attempt to oust 
Dudley from his position. 

The General Court was in session when the news of the 
death of the queen reached Boston, and the king was pro- 
claimed with considerable pomp.^ The governor's friends, 
thinking this an auspicious time, attempted to get an 
address passed praying for his continuance; but the feeling 
against him because of his opposition to the Land Bank party 
was too strong, and the effort failed;^ and on October 2, the 
Court was prorogued until the 20th. On coming together 
after the prorogation it passed a necessary act for the remov- 
ing of doubts as to the legality of the commissions, and also 
an act putting an end to the hopes of the Land Bank party.^ 
The Court, then, with the advice of the Council, dissolved.^ 
As yet no official proclamation from the king had been re- 
ceived in Boston. On the last day of December, Addington 
and Sewall had a conference during which Addington showed 
Sewall the letter of the queen concerning the devolution of 
the government.^ It is probable that other conferences were 
held and that plans were laid to supersede the governor on 
February i, when the six months from the death of the queen 
should have expired. Sewall was slow to become convinced; 
for on January 12, when the measures were discussed in the 
Council, he moved for a postponement.'^ On January 26, 
the governor tried to force an issue by proposing that his 
commission should run until the king's pleasure should be 

^Council Records (Ms.), iii. 334, iv. 596. ^ Ibid. vi. 256. 

' Records of the General Court (Ms.), ix. 414. ^ Ibid. ^ Ibid. 437. 

* Sewall's Diary, December 31, 1714. ''Ibid. January 12, 1714/1715. 



STRUGGLING FOR OFFICE 195 

known.^ This motion was voted down, Sewall voting with the 
rest because he perceived that the order was so worded as to 
tie the hands of the Council.^ Matters were now at a dead- 
lock, and a suspension of hostilities occurred until the five 
days left in January should expire. 

On February i the Council sent a committee to the governor 
to inform him that, as the six months allowed by the act of 
Parhament had expired, it was the opinion of the Council that 
the government devolved upon itself unless he had received 
orders from England.^ Dudley replied that he had received 
no orders. Sewall then fell back on the charter and the 
instructions from the queen which directed the devolution of 
the government in case of the absence or the death of the 
governor. Dudley replied that he was neither dead nor absent, 
and "expressed an aversion to enter into discourse." The 
committee then returned and reported. Two days later, 
February 3, the Council voted "that the government should 
go to the oldest Councillor" and thus deposed the governor.^ 

Apparently the change was acquiesced in quietly by the 
people. The clergy were on the side of the Council, and prayed, 
not for the governor and lieutenant-governor, but for those 
who had the administration.^ The people in the towns were 
unusually angered against Dudley, and the leading men were 
in the Council and directed the change. Yet in spite of the 
lack of opposition and of the high character of the men com- 
posing the Council, its rule was inefficient. On February 4, 
the councillors issued a proclamation stating what they had 
done, and drew up an oath, which was taken by all.^ On the 

^ Ibid. January 26, 1714/1715; also Council Records (Ms.), vi. 304-305. 
2 Sewall's Diary, February i, 1714/1715. 

' Ibid. ^ Sewall's Diary, February 3. 

* Council Records (Ms.), vi. 308-309. ^ Council Records (Ms.), vi. 312. 



196 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

9th, they started a letter to the Board of Trade, but quibbled 
over its contents so that it was not sent until March i.^ Again 
they could not agree on the terms of a proclamation for a fast, 
and it was finally read only by Sewall's son. On February 9, 
they issued new commissions to the justices of peace and the 
officers. The governor's son, William Dudley, refused to 
receive his, saying that he already had one with a seal, and 
for this bit of pleasantry he was superseded.^ In short, every 
question was argued and debated so much, and so little was 
done that the people were not all sorry when the rule of the 
Council came to an end. 

Meantime Dudley and his friends were not idle. They 
issued an appeal in a pamphlet entitled ''The Case of His 
Excellency the Governour and Council of the Province of the 
Massachusetts-Bay in New-England, truly stated," ^ which 
contained the best exposition of the position of both the gov- 
ernor and the Council. The governor held that, since the act 
of Parliament whereby the commissions were extended for six 
months contained no negative clause, as did the act extending 
the session of Parliament, his commission should run until it 
was superseded. Granting this interpretation of Dudley's, the 
Council had no ground on which to stand ; but it held to the 
literal interpretation of the act, and maintained that, since 
six months had expired, his commission was thereby void. 
What would have been the outcome of these diametrically 
opposed views, it is impossible to say ; but it is not probable 
that the governor would have been able to raise a party to 

^Council Records (Ms.), February q, 1714/1715; see also Massachusetts 
Historical Society, Proceedings, 2d Series, xv. 348. 

2 Sewall's Diary, February 18, 1714/1715; Council Records (Ms.), vi. 321. 

3 Sewall first saw this pamphlet March 16, 1714/1715 (see his diary of that 
date). It is reprinted by Ford in Massachusetts Historical Society, Proceed- 
ings, 2d Series, xv. 356. 



STRUGGLING FOR OFFICE 197 

resist the Council. This fact he apparently recognized in the 
first instance ; for, though protesting, he put no obstacles in 
the Council's way. The whole affair, however, was settled 
on March 19 by the safe receipt of a duplicate of the king's 
proclamation of November 2, 17 14. By this proclamation 
all officers were to continue in the exercise of their duties until 
the king's pleasure was known; and therefore Dudley was 
restored to his position. He and his family enjoyed their 
triumph. March 29, Sunday, was the day on which the Coun- 
cil's proclamation for a fast was to be read ; but the ministers 
had been informed, and the Council was denied the pleasure 
of hearing its official handiwork published from the pulpit. 
On the same evening Paul Dudley and William Dummer 
notified each member of the Council that the governor was 
coming to town on the following day, and that a Council 
meeting was called to hear the proclamation of the king. 
On the next day the governor, accompanied by two troops 
of horse and by his guards, came to Boston and resumed 
the power.^ Volleys were fired and cheers given,^ and the 
News Letter hints that the people were only too glad to wel- 
come him back. 

Thus ended one of the most curious constitutional complica- 
tions in Dudley's administration. Without doubt he was 
right in anticipating the intention of the English government, 
which was clearly shown by the date of the delayed proclama- 
tion ; but it is equally true that he had a very weak case in 
law.^ He himself seems to have recognized this from the first, 

1 Sewall's Diary, March 20, 1714/1715. 

"^Council Records (Ms.), vi. 334; Massachusetts Historical Society, Pro- 
ceedings, 2d Series, xv. 353. 

' Nevertheless, Sir Edward Northey, attorney-general, was of the opinion 
that " twas a jest to think the Council right to take on them the Governm*. " 
— Sewall's Diary, January 2, 1719/1720. 



198 THE PUBLIC LIFE OF JOSEPH DUDLEY 

for he made very little opposition or argument to the assmnp- 
tion of the power by the Council. The long interval of six 
weeks before his defence appeared is another indication of his 
doubt, and the whole ''Case" is a rather labored though an 
able argument. The incident is interesting, moreover, as 
showing the attitude of the Council. Dudley had greater 
control over this body than over the House; some of the 
councillors were connected with him by marriage, most of 
them were his friends, and in the last session of the Court 
they had all supported him on the banking question. Their 
action, however, shows their extreme jealousy of the power 
granted to any governor, and their eagerness to take the power 
into their own hands. It is but another example of the inde- 
pendent spirit of Massachusetts that had been shown in a 
similar manner on the imprisonment of Andros and at the 
death of Bellomont. 

Although Dudley was restored to power by the proclama- 
tion of the king, he enjoyed his triumph but a short time. His 
action in regard to the Bank party had offended a powerful 
interest, which sought in England to have him displaced and a 
more pliant governor appointed. His old friends and sup- 
porters were no longer in power, but had been replaced by 
another set of politicians, with whom he was unacquainted 
and who had no knowledge of him. Moreover, they had to 
provide for favorites of their own, whose claims were greater 
than any that Dudley could urge. To these new leaders 
the Land Bank party applied, and to Stanhope in particular. 
Its labors, however, met with opposition from both Dummer 
and Sir Wilham Ashurst, both of whom used all their influ- 
ence to keep Dudley in power and to check the plans of 
the Land Bank party. Their efforts were fruitless; for a 
new commission was issued to one of Stanhope's aides, 



STRUGGLING FOR OFFICE 199 

Colonel Burgess, and Dudley's long administration came to 
an end. 

Although Dudley was removed from office, his career was 
not ended. He and his family had played too important a 
part in the political life of the colony to allow him at once to 
sink into obscurity ; and his friends continued to employ his 
influence, while his enemies could not ignore the power of his 
supporters. In the interval between the publication of Bur- 
gess's commission and the arrival of Governor Shute, Lieu- 
tenant-Governor Tailer was acting governor. Although 
Tailer was a connection of Dudley's by marriage, there is no 
evidence that the two acted in harmony. On the contrary, 
the old governor did all he could to tie the hands of his succes- 
sor, for in spite of the opposition of some of the Council, he 
pushed through an order proroguing the General Court.^ 
This, however, did not prevent Tailer's activity in Council 
meetings, where, much to the anger of some of the old gov- 
ernor's feminine admirers, he occupied the chair from which 
Dudley had so long enforced his will.^ 

Plans were set in motion to reward Dudley by honoring 
his family. His son Paul was suggested as a possible candi- 
date for lieutenant-governor,^ and for Sewall's position as one 
of the judges ; ^ but to no purpose. Dudley, however, occupied 
the place of an unofficial adviser to the Shute administration 
during the first days of its existence. Thus, Shute refused 
the invitation of the House of Representatives to lodge with 
Colonel Tailer, preferring to accept an invitation from Paul 
Dudley ; and Joseph Dudley met, welcomed, and talked with 

^ Sewall's Diary, October 18, 1715. 

^ Ibid. January 5, 1715/1716. 

' Massachusetts Historical Society, Collections, 4th Series, ii. 308. 

* Sewall's Diary, February 8, 1617/1618. 



200 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

the new governor before the ministers officially welcomed 
him at the town-house. These facts led some to fear that Shute 
would be a purely partisan governor, which ''Deus avertat 
Omnem," piously wrote Sewall.^ So, too, Dummer wished 
to assure "Roxbury" that he would be well represented to 
the ministry, and sought Dudley's good wishes, not his open 
aid, for that might injure Dummer's chances in certain quar- 
ters; rather would he have Dudley pubhcly oppose him, 
while evidently desiring the support of the members of the 
old governor's party .^ 

It is obvious that Dudley occupied a difficult position, and 
that in the unstable condition of parties caused by the activities 
of the Land Bank party he was alike sought and feared. He 
realized his position; for he wrote, "I think I have liv'd long 
enough,"^ and in the remaining four years of his life he took 
little public part in the political affairs of the colony. Though 
he Hved at his home in Roxbury, he was a frequent and 
honored guest at private and public functions in Boston. 
He was one of the wealthy men of the colony, the head of a 
family which was as important as any in Massachusetts, 
and by the marriages of his children was connected with 
the Winthrops, Sewalls, Dummers, and other prominent 
famiUes. His son was attorney-general of the colony, his 
son-in-law, William Dummer, was lieutenant-governor, and 
it is probable that in unofficial ways Dudley's influence had 
to be reckoned with, although there is no evidence of any 
public activity. 

He died April 2, 1720, at the age of seventy- three, and was 
buried at Roxbury with considerable pomp, troops of horse 

^ Sewall's Diary, October 5, 1716. 

* Massachusetts Historical Society, Collections, sth Series, vii. 107. 

^ Ibid. 4th Series, ii. 308. 



STRUGGLING FOR OFFICE 201 

from Boston and Roxbury acting as military escorts. On 
April 14, Dr. Colman preached a fmieral sermon containing 
many sly comparisons with the patriarch Joseph, not wholly 
to the advantage of the late governor; and in the following 
number of the Boston News Letter there was an extravagant 
eulogy. By Dudley's will it is seen that, although a wealthy 
man, he made only one public bequest, but left the bulk of his 
property to his family, and chiefly to his eldest son, believing, 
as he once wrote, that it was the duty of an English gentleman 
to support his family. 

NOTE 

The last Will & Testament of Joseph Dudley of Roxbury Esq^ 

~ revoking all other Wills, & Dispositions of my Estate ~ I be- 
queath my Soul into the Hands of Almighty Code, thro Jesus 
Christ my Lorde, in whom I trust for Eternal Life, & my Body 
to be decently buried w my Father, at the Discretion of my 
Executors My temporal Estate, I dispose in Manner following ~ 
I give to Rebeckah my dear Wife, my Servants, Household Goods, 
Plate, and Two hundrede Pounds in Money, to be at her own 
Disposale in her Life Time, or at her Death amongst her Children 
~And if she dye without any such Disposal then what is left 
thereof, to be equally divided amongst the Children ~ I also give 
my Dear Wife, my Mansion House, (or what part of it she pleases 
to use) & Gardens for her Life, & one hundred Pounds ^ Annum 
to paid Quarterly, in equal Portions, for her Support, during her 
Life, to be paid by Paul Dudley, my Eldest Son, out of y^ Issues, 
& Rents of my Estate, herein given him. ~ I give to my Son William 
Dudley, my New Farm in y^ Woods, in Roxbury conta^ One hun- 
dred & Fifty Acres more, or less, with y*^ Woodland there pur- 
chased of Devotion Crafts, & others, from whence he shall annually 
supply & bring home to his mother, her Firewood, during her Life 
~ I also give him my Farm of One Thousand Acres at Manchaag, 



202 THE PUBLIC LIFE OF JOSEPH DUDLEY 

& Three hundred Pounds toward building him an House ~ I have 
already by y* Favour of God, disposed in Marriage my four 
Daughters, Sewall, Winthrop, Dummer, & Wainwright, & paid them 
what I intendede ~ I further give each of them, one Thousand 
Acres of Land to be equally taken out of my six Thousand Acres, 
in the Town of Oxforde, & to my Nephew Daniel Allin, & my 
Niece Ann Hilton, Five hundred Acres out of y*' same Dividende, 
to be equally dividede between them, All these Lands to descend 
to y* Children Severally, & the Heirs of their Bodies ~ I further 
give to my four Daughters One hundred Pounds each, to be laid 
out in what they please, in Remembrance of their Mother, & to 
my Niece Ann Hilton, Forty Pounds, to be paid, at age or Mar- 
riage ~ Further if by y^ Providence of God my Daughter Wain- 
wright fall a Widow, or her Husbande uncapable of Business, I 
give her Twenty Pounds '¥ Annum to be paid her, in equal Por- 
tions by her two Brothers, during her W^idowhoode, or his In- 
capacity for Business. To my Eldest Son Paul Dudley I give 
the Inheritance of all my Houses, & Lands, in Roxbury, Oxforde, 
Woodstock, Newtown, Brookline, Merrimack, or elsewhere, all 
my Stock, Debts, Money, & all y'' Estate belonging to me what- 
soever, except as above, he paying all my just Debts, Legacys, & 
Funerale Charges, & his Mothers Annuity as above sett down.~ 
And my Will is that my Lands descende to my Heirs after the 
manner of Englande forever to the Male Heirs first, & after to y^ 
Females. If either of my Sons dye without Male Issue, his Brother 
& his Male Issue shall inherit y** Lands herein bequeathed. I give 
to the free School in Roxbury, Fifty Pounds, to be put out to use, 
or to purchase Land to assist y* Support of a Latin Master by y* 

[ ] of y^ S'd Schoole from Time to Time. This & other Legacys 

in this Will to be paid in that w*^ passeth for Money, in this 
Province. 

I ordain my well belovede Wife, Paul Dudley, & William Dudley, 
Exec" of this my last Will, & do most humbly refer my dearest 
Wife, & Children to the Grace of Gode, commending them to Hve 
in the Fear, & Service of Gode, with Duty towarde their Mother, 
& sincere Affection toward each other. 

I give to y' Rev'' M' Walter, M' Thair, M' WiUiam WilHams of 



STRUGGLING FOR OFFICE 203 

Weston, M"^ Ebenezer Williams of Pomfret, to each Forty Shillings 
for a Ring.~ 

Dated Oct" 27*** 1719 J Dudley & a Scale 

Publish in Pres*'^ of Penn Townsend, Benj* Gambling, Abijah Weld. 
Exam iP John Boydall Reg. 
from y^ original Will 
A true Copy '' from y^ original Will Exam ^ Jn° Cotton Reg' 



CHAPTER X 

THE MOTIVES OF DUDLEY'S ACTIONS 

The lives of the second generation of the Massachusetts 
rulers fell in a peculiarly unheroic age. Compared with the 
era of self-sacrifice and adventure which had accomplished the 
foundation of the colony, and the period of strife and war 
which resulted in the separation from England, the years from 
1660 to 1720 seem dull and uninteresting. Nor did the char- 
acter of Dudley and his contemporaries rise to the grandeur 
either of the early settlers or of the Revolutionary leaders. 
The men of the early eighteenth century lacked the self-sacri- 
fice and almost stubborn opposition to England which char- 
acterized Winthrop and his associates, and they also lacked 
the singleness of aim and the devotion to Massachusetts 
which distinguished Otis and Adams. They reflected in 
Massachusetts more clearly than did the men of any other 
time the thoughts, the life, and the methods of the English 
politicians. The problems they had to face were neither those 
arising from privation or persecution, nor those resulting 
from oppression which might occasion rebellion. Their 
property and estates were protected, their trade and wealth 
were increasing, their peculiar religious opinions were tolerated, 
and they enjoyed a large share in the government. They had 
to meet an English policy which, consistently pursued, would 
result in closer union and dependence upon the mother coun- 
try. To such problems, until the colonists could convince 
themselves that they had the right to differ from England and 

204 



MOTIVES OF HIS ACTIONS 205 

to separate from her, but one answer could be given, the 
answer which Dudley and his fellow-thinkers gave, — obedience 
to England and acceptance of her control. 

By inheritance and training, Dudley belonged to the ruling 
class. His strong feeling for prerogative, local or imperial, 
in no sense exceeded that displayed by John Winthrop and 
Thomas Dudley, the first governors of Massachusetts. The 
leaders of the New England immigration had come to Massa- 
chusetts to found and rule a community as they saw fit ; and 
Joseph Dudley was never more conscious of his privileges, 
powers, and responsibilities as a member of the ruling class 
than were they. As a young man he had rendered his ser- 
vice to the colony as an executive and leader ; as an Assistant, 
a commissioner of the New England Confederation, and an 
Indian negotiator he was more often called upon to execute, 
lead, and direct the opinions of the General Court than to 
follow them. His friends, his family, and he himself sought 
to be the guides and rulers of Massachusetts, and as such were 
accepted by the people. When under changed conditions 
England tried to increase her power over the colonies, 
and when trade and wealth brought new ideas to them, 
Dudley, Stoughton, and Winthrop the younger still sought 
to remain leaders of the community which their fathers 
had founded. All desired place and honor under the crown, 
and all accepted royal commissions upon the dissolution of 
the government ; under the new charter Stoughton served 
as lieutenant-governor, while Winthrop was the unsuccessful 
rival of Dudley. Dudley's very success aroused envy and 
jealousy, which his frank acceptance of the policy of England 
did not diminish, and which his personal character greatly 
intensified. 

The policy that Dudley sought to enforce was one which 



2o6 THE PUBLIC LIFE OF JOSEPH DUDLEY 

would have been most beneficial to England and the colonies 
as a whole, but it was one which Massachusetts and the other 
colonies most distrusted. It was natural that his insistence 
upon the prerogatives of his office should anger the colonists, 
though his acts were in obedience to the instructions of the 
Board of Trade. To Dudley the navigation system and the 
commercial pohcy of Great Britain were of more importance 
than the trade of Massachusetts, and he sought to enforce 
English law despite the dissatisfaction of the colonial mer- 
chants; yet he was keenly alive to the economic needs of 
Massachusetts, and in frequent letters urged the Board of 
Trade to encourage her industries. His military policy 
included all New England ; and his plea for the fortification 
of the frontier posts and demand for the command of the 
militia of Connecticut and Rhode Island, though plans which 
aroused opposition in the colonies, had been proposed by the 
English authorities. To Dudley the union of all New England 
seemed more important than the sacred charters of Rhode 
Island and Connecticut; and, although the spirit of local 
patriotism defeated his project, his plan had the approval of 
the English statesmen. England had sought in vain to im- 
pose this policy upon the colonies since the days of Andros. 
The rough sea-captain. Sir William Phips, though a popular 
hero, failed to satisfy the colony and the crown alike. Lord 
Bellomont, though personally popular, was not more success- 
ful in pleasing both the colonists and his superiors. No 
royal governor could enforce the English policy and teach the 
colonists to allay their prejudices and feel a pride in their 
dependence upon England. 

But Dudley's personal character was not such as to invite 
confidence. His methods were not always straightforward, 
or his conduct open and frank. In his early life he would 



MOTIVES OF HIS ACTIONS 207 

''cringe and bow" to gain a friend; but when his object was 
gained he would sacrifice that friend if his ambition required 
it, as Randolph and the Mathers learned. He had all the 
selfishness of a British politician of the eighteenth century: 
he was pliant to his superiors, harsh and overbearing to his 
inferiors, willing to use all means, even bribery, to gain the 
support of an influential man, and ready to misuse every ad- 
vantage that his ofl&cial position gave him to take revenge 
upon an enemy. He was ambitious, self-seeking, and facile; 
and could serve for his own ends sovereigns so dissimilar as 
James II, William III, and Anne. Believing that his own 
interests lay with the official party in England, he identified 
himself with it, and thus sacrificed his popularity at home. 
His services, moreover, were efficient, and he gave satisfaction 
to his superiors, whose policy, whatever it was, he was ready 
to carry out. 

With such a character and such aims he could not but be 
hated in the colonies ; and the hatred that attached to his name 
was deeper and more consistent than fell to the lot of any other 
man. From 1682 to 1715 it is doubtful whether, outside of his 
own party and those who were bound to him by fear, interest, 
or gratitude, a single well-wisher could be found for him in all 
New England. He was mobbed in the revolution of 1689, 
his house was threatened in 1707, and personal violence was 
offered him on at least two other occasions. Neither Win- 
throp nor Stoughton, who in many ways sympathized with 
his aims, was so ill regarded ; it was Dudley's personal 
character and the success which attended most of his plans 
that made him so much more unpopular than any of his con- 
temporaries. Even to his friends, his greatest fault was his 
ambition. He loved power for its own sake and for the in- 
creased influence it would give him. To gain it he attached 



2o8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

himself to the party favoring EngHsh influence, and was 
ready to sacrifice his popularity in Massachusetts by accept- 
ing the commission as president of the Council in 1685. To 
keep his power and to gain the support of the ruling class in 
England, he consistently worked to carry out the policy of 
the English government, and, as it seemed to the colonists, to 
sacrifice their best interests. To be sure, he was ambitious 
for Massachusetts; he wished it to be a loyal colony, ready 
and willing to support England on every occasion, and similar 
to the mother country in all ways. He wished Massachusetts 
to be prosperous, to stand well financially, and to be a model 
for the other colonies. Whenever the local prejudices of the 
colonists coincided with the aims of the English government, he 
sympathized with them and favored them ; but, when they 
were opposed to the policy of England and to his ambition, he 
forgot that he was a New Englander and became a royal 
official looking only to the advancement of the interests of the 
crown. 

Dudley in many ways became an Englishman. He had 
made three visits to England, had lived there for over thirteen 
years, and was deputy-governor of the Isle of Wight nearly as 
long as he was governor of Massachusetts. He was admitted 
into English society and was popular there ; he was a fre- 
quently consulted member of the Society for the Propagation 
of the Gospel in Foreign Parts, and a candidate for the Royal 
Society; he served in Parliament and was consulted by the 
secretaries regarding colonial affairs. For nearly thirty-five 
years he was an English official of some sort, striving to 
enforce the ideas of the crown. Thus it is not strange 
that he should have lost somewhat the point of view of a 
colonial leader, and have identified himself with the ruling 
class in England. 



MOTIVES OF HIS ACTIONS 209 

It was part of his ambition to be regarded as an English 
gentleman. He sought to increase his estate and to leave a 
patrimony sufficient to support his family in the style which he 
thought due to one of his position. It has already been seen 
that while he was in England he feared that his estates would 
suffer and that he would fall into contempt and poverty; 
but while he was governor he so increased his fortune that he 
was an object of envy and suspicion to the colonists. He gave 
his eldest son, Paul, a legal education in England, and solicited 
his appointment as attorney-general, secretary of the Council, 
and lieutenant-governor. He saw that his children married 
into wealthy and influential families, thus increasing the im- 
portance of his own. To English travellers coming to Massa- 
chusetts he was always courteous and ready to put himself at 
their disposal, and thus passed for one of the prominent and 
popular men in the colony. At the close of his life this social 
ambition was gratified; for, when the struggles of his admin- 
istration were over and their bitterness somewhat forgotten, 
he regained much of that popularity which must have been 
his in his early days. 

To judge Dudley's career by the accusations of his enemies 
would be manifestly unfair. To judge him in the light of the 
twentieth century, when the colonies have become indepen- 
dent, would be equally unfair. As has been said, his life fell 
in the middle period, when dependence on England was dimin- 
ishing and independence was not yet possible. From his 
training and his methods of thought he was a legalist, and, 
always taking a lawyer's point of view, could see in the action 
of Massachusetts only illegal and revolutionary attempts that 
ought to be checked. Thus he threw himself into the struggles 
and conflicts as an English official, and as such he should be 
judged. Though his character was lacking in greatness, and 



2IO THE PUBLIC LIFE OF JOSEPH DUDLEY 

his actions were often tainted by self-seeking, though his aims 
were those of an Enghsh official and his ideals opposed to 
those of his fellow-colonists, his long career proves him to 
have been capable as an administrator and efficient as a 
servant of the crown. 



APPENDIX A 

Royal Commission to Joseph Dudley, Governor of the 

Province of Massachusetts Bay in New England, 

April i, 1702 

patent roll 
No. 3424. I Anne. (No. 8.) 

De concessione ] Anne by the Grace of God etc., 
Transcript. Dudley Armigero. To our Trusty and Welbeloved 
Commissio J Joseph Dudley Esquire Greet- 
ing. Whereas our late Royal Brother and Sister 
King William and Queen Mary of Blessed Memory 
by their charter under their Great Scale of England 
[7 Oct. 1691.] bearing date the seaventh day of October in the 
third yeare of their Reigne Have united Erected and 
Incorporated the Colony of the Massachusetts Bay 
the Colony of New Plymouth the Province of Main 
in New England the Territorie of Accadie or Nova 
Scotia and the landes lying between the said Terri- 
torie of Nova Scotia and the Province of Main 
aforesaid into one real Province by the name of the 
Province of the Massachusetts Bay in New England 
and have thereby granted to Our loveing Subiects 
the Inhabitants of our said Province or Territory 
of the Massachusetts Bay in New England and their 
Successors That there shall be a Governor a lieu- 
tenant Governor and a Secretary of our said Province 
and Territory to be from time to time appointed and 
comissionated by us or Heires and Successors With 
severall Priviledges Franchises and Immunities 



212 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

thereby granted to our said loveing Subiects Wee 
therefore Reposeing especiall Trust and confidence 
in your Prudence Courage and loyalty out of our 
especial Grace certaine Knowledge and meer mocion 
Have thought fitt to Constitute and appoint And by 
these presents Doe Constitute and appoint you the 
said Joseph Dudley to be our Captaine Generall and 
Governor in chiefe in and over our said Province of 
the Massachusetts Bay in New England And for 
your better Guidance and Directions Wee do hereby 
Require and Command you to doe and execute all 
thinges in due manner that shall belong unto the 
Trust Wee have reposed in you according to the 
several Powers and Authorities mencioned in the 
said Charter and in these Presents and such further 
Powers and Instruccions and Authorities as you 
shall receive or Which shall at any time hereafter be 
granted or appointed you under our Signe Manual 
and Signett or by order of Our Privy Councill in 
Pursuance of the said Charter and according to 
such reasonable laws and statutes as are now in 
force or Which hereafter shall be made and agreed 
upon in such manner and forme as by the said 
charter is directed And Wee do hereby give and 
Grant unto you full power and Authority Where 
you shall see Cause and shall Judge any Offender or 
Offenders in Capitall or Crimenall matters for any 
Fines or Forfeitures due unto us fitt Obiects of our 
Mercy to Pardon all such Offenders and to Remitt 
such Fines and Forfeitures Treason and Wilful! 
Murder only Excepted In Which Cases you shall 
likewise have power upon extraordinary Occasions 
to grant Repreives to the Offenders therein To the 
end and untill our pleasure shall be further Knowne 
And Wee Doe hereby Give and Grant unto you the 
said Joseph Dudley by your selfe your Captaines 
and Commanders by you to be authorized full 



APPENDIX A 213 

Power and Authority to levy Arm Muster Command 
or employ all persons whatsoever resideing Within 
our said Province and Territorie of the Massachu- 
setts Bay in New England and as occasion shall 
require them to Transferr from one place to another 
for the resisting and Withstanding of all Enemies 
Pirates and Rebells both at land and Sea and such 
Forces With their owne consent or With the Con- 
sent of our Councill and Assembly to Transport to 
any of our Plantacions in America as occasion shall 
require for the Defence of the same against the In- 
vasion or attempts of any of our Enemies and such 
Enemies Pirates and Rebells if occasion shall require 
to pursue and prosecute in or out of the Umits of 
oiir said Province or any part thereof And if it shall 
soe please God them to vanquish apprehend and 
take and being taken either according to law to put 
to death or to keepe and preserve aUve at your dis- 
cretion Wee do further give and Grant unto you 
full power and Authority to Erect raise and build 
Within our Province and Territory aforesaid such 
and so many Forts Platformes Castles and Fortifi- 
cacions as you shall judge necessary and the same 
or any of them to fortify and furnish With Ordnance 
Amunicion and all sorts of Armes fit and necessary 
for the Security and defence of our said Province 
and from time to time to committ the Government 
of the same to such Person or Persons as to you 
shall seeme meet And the said Forts and Fortifica- 
tions againe to demoUsh or dismantle as may be 
most convenient and to doe and execute all and 
every other thing Which to a Captaine Generall 
doth or ought of Right to belong as fully and amply 
as any other our Captaine Generall doth or hath 
usually done according to the Powers hereby granted 
or to be granted to you And Wee Doe hereby give 
and Grant imto you the said Joseph Dudley full 



214 TEE PUBLIC LIFE OF JOSEPH DUDLEY 

power and Authority to Constitute and appoint Cap- 
taines Masters and other commanders of Shipps and 
to grant unto such Captaines Masters and other 
Commanders of Shipps Commissions to execute the 
Law Martiall dureing the time of Actuall Warr In- 
vasion or Insurreccion and to use such Proceedinges 
Authorities Punishments Correccions and Execu- 
cions upon any Offender or Offenders Which shall 
be mutinous seditious disorderly or any Way un- 
ruly either at Sea or during the time of their abode 
or Residence in any of the Ports Harbors or Bays 
of our said Province and Territorie as the Cause shall 
be found to require according to Martiall law during 
the time of Warr as aforesaid Provided that nothing 
herein contained shall be construed to the enabling 
you or any by your Authority to hold Plea or have 
Jurisdiccion of any Offence Cause matter or thing 
committed or done upon the High Sea or Within 
any of the Havens Rivers or Creeks of our said 
Province or Territories under your Government by 
any Captain Commander lieutenant Master or other 
Officer Seaman Soldier or Person Whatsoever Who 
shall be in actuall Service and pay in and on Board 
any of our Shipps of Warr or other Vessells Acting 
by Immediate Commission or Warrant from our High 
Admirall of England now and for the time being 
under the Scale of our Admiralty or from our Com- 
missioners for executing the Office of our High Ad- 
mirall of England for the time being But that such 
Captaine Commander lieutenant Master Officer Sea- 
man Soldier or other Person soe Offending shall be 
left to be proceeded against and Tryed as the meritt 
of their Offences shall require either by Commission 
under our Great Seale of England as the Statute of 
the Eight and twentieth of Henry the Eighth directs 
or by Commission from our High Admirall of Eng- 
land now and for the time being or from our com- 



APPENDIX A 215 

missioners for executing the Office of our High Ad- 
mirall of England for the time being according to 
the Act of Parhament passed in the thirteenth 
yeare of the Reigne of our Dearest uncle King 
Charles the second of blessed memory Entituled 
An Act for the EstabUshing Articles and Orders for 
the Regulateing and better Government of His Maj- 
esties Navy Shipps of Warr and forces by Sea and 
not otherwise Saveing onely that it shall and may 
be lawfull for you upon any such captaine or com- 
manders refuseing or neglecting to execute or upon 
his negUgent or undue Execucion of any the Written 
Orders he shall receive from you for our Service 
and the Service of our said Province and Territorie 
to Suspend him the said Captaine or Commander 
from the Exercise of his said Office of Commander 
and committ him into safe Custodie either on Board 
his owne Shipp or elsewhere at your own discretion 
in Order to his being brought to Answer for the 
same by Commission either under our Great Scale 
of England or from our High Admirall of England 
now and for the time being or from our Commis- 
sioners for executeing the Office of our High Ad- 
mirall of England for the time being as is before 
expressed In Which case our Will and pleasure is 
That the Captaine or commander so by you sus- 
pended shall during such his suspencon [sic] and 
Committment be succeeded in his said Office by 
such commission or Warrant Officer of our said 
Ship appointed by our High Admirall of England 
now and for the time being or by our Commissioners 
for Executeing the Office of our High Admirall of 
England for the time being as by the Known Prac- 
tice and Discipline of our Navy do's and ought 
next to Succeed him as in case of death Sicknesse 
or other ordinary disability happening to the com- 
manders of any of our Shipps of Warr and not 



2i6 THE PUBLIC LIFE OF JOSEPH DUDLEY 

otherwise you standing also accountable to us for 
the Truth and Importance of the Crimes and mis- 
demeanors for Which you shall soe proceed to the 
suspending of such our Captaine or Commander 
Provided also That all disorders and misdemeanors 
comitted on Shore by any Captaine Commander 
lieutenant Master or other Officer Seaman Soldier 
or person Whatsoever belonging to any of our 
Shipps of Warr or other vessells Acting by imme- 
diate commission or Warrant from our High Ad- 
mirall of England now and for the time being under 
the Seale of our Admiralty or from our Commis- 
sioners for executeing the Office of our High Ad- 
mirall of England for the time being may be tryed 
and punished according to the laws of the Place 
Where any such Disorders Ofifences and Misde- 
meanors shall be soe comitted on Shore notwith- 
standing such Offender be in our Actuall Service 
and in our pay on board any such our Shipps of 
Warr or other vessells acting by immediate Com- 
mission or Warrant from our High Admirall of Eng- 
land now and for the time being or from our Com- 
missioners for executeing the Office of our High Ad- 
mirall of England as aforesaid Soe as he shall not 
receive any Proteccion for the avoiding of Justice 
for such Offences committed on Shore from any 
pretence of his being imployed in our Service at 
Sea And further our Will and pleasure is that you 
shall not at any time hereafter by colour of any 
power or Authority hereby granted or mencioned 
to be granted take upon you to give grant or dis- 
pose of any Office or Place Within our said Province 
and Territories Which now is or shall be granted un- 
der the Great Seale of England any further then 
that you may upon the vacancy of any such Office 
or Suspencion of any Officer by you put in any per- 
son to Officiate in the Intervall untill the said place 



APPENDIX A 217 

be disposed of by us our Heires or Successors under 
the Great Scale of England or that our Direccions 
be otherwise given therein And Wee do hereby re- 
quire and Command all Officers and Ministers Civil 
and Military and all other the Inhabitants of our 
said Province and Territorie to be obedient aiding 
and assisting unto you the said Joseph Dudley in 
the Execucion of this our Commission and of the 
Powers and authorities therein conteined And upon 
your death or absence out of our said Province 
and Territories To our Lieutenant Governor of our 
said Province And upon such your death or absence 
and the death or absence of our said lieutenant 
Governor to our Councill of our said Province and 
Territory for the time being To Whom Wee do by 
these Presents Give and grant all and singular the 
Powers and Authorities hereby granted unto you 
to be by him or them respectively exercised and 
enjoyed untill the Returne of you our Governor 
or of our lieutenant Governor or the Arrivall or 
Constitucion of such other Governor as shall be 
thereupon commissionated and appointed by us 
And our Will and pleasure is That you the said 
Joseph Dudley shall and may hold execute and 
enjoy the Office and place of our Captaine Generall 
and Governor in chief in and over our said Province 
and Territories of the Massachusetts Bay in New 
England With all and singular the Powers and 
Authorities hereby granted unto you for and dure- 
ing our Will and pleasure And Whereas there are 
divers Colonies adjoyning to our Province of the 
Massachusetts Bay for the Defence and Security 
Whereof it is requisite That due care be taken in 
the time of Warr Wee have therefore thought it 
further necessary for our Service and for the better 
Protection and Security of our Subjects inhabiting 
those parts to Constitute and appoint and Wee doe 



2l8 THE PUBLIC LIFE OF JOSEPH DUDLEY 

by these presents Constitute and appoint you the 
said Joseph Dudley to be our Captaine Generall and 
commander in chiefe of the Mihtia and of all the 
Forces by Sea and land Within our Colonies of 
Rhode Island and Providence Plantacion and the 
Narraganset Country or Kings Province and of all 
our Forts and places of Strength Within the same 
And for the better Ordering Governing and Ruleing 
of our said Militia and all our Forces Forts and 
places of Strength Within our said Colonies of Rhode 
Island and Providence Plantacion and Narraganset 
Country or Kinges Province Wee do hereby give 
and Grant unto you the said Joseph Dudley and 
in your absence to our lieutenant Governor or Com- 
mander in Cheif of our Province of the Massachu- 
setts Bay all and every the like Powers as in these 
presents are before granted and recited for the 
Ruleing Governing and Ordering our Militia and all 
our Forces Forts and places of Strength Within our 
Province of the Massachusetts Bay to be exercised 
by you the said Joseph Dudley and in your absence 
from our Territory and Dominion of New England 
by our said lieutenant Governor or Commander in 
Cheife of our said Province of Massachusets Bay for 
the time being Within our said Colonies of Rhode 
Island and Providence Plantacon [sic] and the Nar- 
raganset Country or King Province for and dureing 
our Pleasure And lastly We have determined and 
made void and by these presents do determin and 
make void the like Commission or letters Patents 
under the Great Scale of England bearing date at 
[13 Feb. 170^] Westminster the thirteenth day of February now 
{See Patent \q^^ ^^^^ granted by our said late Royall Brother 

Roll. 14 Will. _.. „,.„. , , . , , • , T 1 T-^ 11 

III. No. 2.) King Wilham the third unto the said Joseph Dudley 
In Witnesse etc. Witnesse our selfe at Westminster 
[i Apr. 1702.] the first day of April. 

By Writt of Privy Seale. 



APPENDIX B 

List of Authorities Cited 

The longest and most important account of Dudley's life is 
to be found in Palfrey's History of New England, where his two 
administrations are treated at length and in detail, but with evi- 
dent bias. A more modern and better-tempered account of his ad- 
ministration as governor is in T>oy\t'?, English Colonies in America. 
The chief printed American sources for Dudley's career are to be 
found in the laws and records of the several colonies with which he 
was connected, and in the collections of the various historical 
societies. Of these the Collections and Proceedings of the Massa- 
chusetts Historical Society are the most important, yielding the 
Sewall Diary and Letter-Book ; the invaluable pamphlets on the 
"Deplorable State of New-England"; the Winthrop Papers, in- 
cluding as they do many of Dudley's own letters and the letters 
of Sir Henry Ashurst and John Chamberlayne ; the records of 
Dudley's Council of 1686; and the Coimcil records for the period 
in 1 71 5, when the Council superseded the Governor. In the 
Andros Tracts and Toppan's Edward Randolph the Prince Society 
furnishes valuable material for the early period; and the Ameri- 
can Antiquarian Society prints the Andros Records. 

The American manuscript sources are numerous and rich. The 
Massachusetts Archives alone contain 273 volumes of invaluable 
manuscripts, most of which were used by Palfrey, and many of 
which are printed in the Massachusetts Acts and Resolves. The 
Journals of the General Court and the transcripts of the Records of 
the Council are in manuscript at the Massachusetts State House. 
The Diaries of Cotton Mather, about to be pubhshed, are in manu- 
script at the American Antiquarian Society. 

The chief printed sources for EngHsh material are the Calendars 

219 



220 THE PUBLIC LIFE OF JOSEPH DUDLEY 

of State Papers, which unfortunately do not cover the period of 
Dudley's administration as governor, and the two volumes of the 
Acts of the Privy Council, which were not published at the time 
this investigation was made. The manuscript sources for Eng- 
lish material are rich and varied. The collections of manuscripts 
at the British Museum and the Bodleian Library, Oxford, furnish 
some interesting personal material. The manuscript Journals of 
the Society for the Propagation of the Gospel in Foreign Parts, 
of which Dudley was a member, give information on one phase 
of his career ; and the numerous volumes of Letters of the Society's 
missionaries throw interesting sidelights on his character. The 
references in the foregoing pages to the Register of the Privy Coun- 
cil are to the manuscript volumes at the Privy Council Office. 
Most important of all are the invaluable collections of the Board 
of Trade at the Public Record Office, London. Here are the 
manuscript Journals of the Board of Trade, the Colonial Entry 
Books, and, most interesting of all, the Original Papers containing 
the original letters and documents sent by the colonial officials 
to the Board of Trade. Abstracts of these have been printed in 
the Calendars of State Papers for the early portion of Dudley's 
career ; but for his administration as governor of New Hampshire 
and Massachusetts it is necessary to depend upon the original 
manuscripts. 
Adams, Brooks. The emancipation of Massachusetts. Boston, 

etc., 1887. 
Adlard, George. The Sutton-Dudleys of England and the 
Dudleys of Massachusetts in New England, from the Nor- 
man Conquest to the present time. New York, 1862. 
[Albin, J.] A new, correct and much improved history of the 

Isle of Wight. Newport, 1795. 
Allen, William. The American biographical dictionary. 3d 

edition. Boston, etc., 1857. 
American Antiquarian Society. Proceedings [1843-1880], 75 
nos. ; New Series [1880-1909], 19 vols. Worcester, 1843-1909. 
[Continued.] 
Andrews, Charles McLean. British committees, commissions, 
and councils of trade and plantations, 1622-1675. Johns 



APPENDIX B 221 

Hopkins University, Studies in Historical and Political 
Science, Series xxvi. Nos. 1-3, Baltimore, 1908. 

Colonial self-government, 1652-1689. New York, etc., 1904. 

Andros Records. Edited by R. N. Toppan. American Anti- 
quarian Society, Proceedings, New Series, xiii. 237-268, 463- 
499. Worcester, 1901. 

Andros Tracts. See Whitmore, W. H. 

Anonymous. The case of his excellency the Governour and 
Council of the province of the Massachusetts-Bay in New- 
England, truly stated. Edited by W. C. Ford, Massachu- 
setts Historical Society, Proceedings, 2d Series, xv. 356- 
362. Boston, 1902. 

The deplorable state of New-England, by reason of a 

covetous and treacherous governour, and pusillanimous 
counsellors. London, 1708; reprinted in Massachusetts His- 
torical Society, Collections, 5th Series, vi. 97*-i3i*. Boston, 
1879. 

Documents relating to the administration of Leisler. New 

York Historical Society, Collections, Publication Fund Series, 
1868, pp. 241-426. New York, 1868. 

A letter, from one in Boston, to his friend in the country. 

In answer to a letter directed to John Burril, Esqr. speaker 
to the House of Representatives, for the province of the 
Massachusetts-Bay in New-England. [Boston?], 1714; re- 
printed in Davis's Tracts relating to the Currency of the Massa- 
chusetts Bay, 111-145. Boston, etc., 1902. 

A memorial of the present deplorable state of New-England, 

with the many disadvantages it lyes under, by the male- 
administration of their present governour, Joseph Dudley, 
Esq. and his son Paul, &c. together with the several affi- 
davits of people of worth, relating to several of the said 
governour's mercenary and illegal proceedings, but particu- 
larly his private treacherous correspondence with her maj- 
esty's enemies the French and Indians. . . . Boston, 1707; 
reprinted in Massachusetts Historical Society, Collections, 
5th Series, vi. 3i*-64*. Boston, 1879. 

A model for erecting a bank of credit ; with a discourse 



222 THE PUBLIC LIFE OF JOSEPH DUDLEY 

in explanation thereof. Adapted to the use of any trading 
countrey, where there is a scarcity of moneys; more es- 
pecially for his majesties plantations in America. London, 
1688 ; reprinted in Davis's Tracts relating to the currency of 
the Massachusetts Bay, 35-68. Boston, etc., 1902. 

[Joseph Dudley ?] A modest enquiry into the grounds and 

occasions of a late pamphlet, intituled, A Memorial of the 
Present Deplorable State of New-England. By a disinter- 
ested hand. London, 1707 ; reprinted in Massachusetts His- 
torical Society, Collections, 5th Series, vi. 65*-95*. Boston, 

1879. 

A projection for erecting a bank of credit in Boston, New- 
England. Founded on land security. [Boston?], 1714; re- 
printed in Davis's Tracts relating to the currency of the Mas- 
sachusetts Bay, 69-84. Boston, etc., 1902. 

Severals relating to the fund. Printed for divers reasons, 

as may appear. Printed, 1682; reprinted ibid. 1-2 1. Bos- 
ton, etc., 1902. 

■■ A vindication of the bank of credit projected in Boston 

from the aspersions of Paul Dudley, Esqr. in a letter by 
him directed to John Burril Esqr. . . . [Boston?], 1714; 
reprinted ibid. 14^-166. Boston, etc., 1902. 

Arnold, Samuel Greene. History of the state of Rhode Island 
and Providence Plantations. 2 vols. New York, etc., 1859- 
1860. 

Batchellor, a. S. See New Hampshire. 

Belknap, Jeremy. The history of New-Hampshire. 3 vols. 
Philadelphia, etc., 1784-1792. 

Blackstone, William. Commentaries on the laws of England. 
Edited by T. M. Cooley. 2 vols. Chicago, 1872. 

Boston. A report of the record commissioners of the city of 
Boston, 1700-1728. [Vol. viii.] Boston, 1883. 

Bouvier, John. A law dictionary, adapted to the constitution 
and laws of the United States. New edition, revised by 
Francis Rawle. 2 vols. Boston, 1897. 

Bullock, Charles Jesse. Essays on the monetary history of 
the United States, New York, etc., 1900. 



APPENDIX B 223 

Chalmers, George. An introduction to the history of the revolt 
of the American colonies. 2 vols. Boston, 1845. 

Opinions of eminent lawyers on various points of English 

jurisprudence, chiefly concerning the colonies, fisheries, and 
commerce of Great Britain. Burlington, 1858. 

Pohtical annals of the present United Colonies, from their 

settlement to the peace of 1763 ; compiled chiefly from records, 
and authorized often by the insertion of state papers. Book 
i. London, 1780. Book ii. in New York Historical Society, 
Collections, Publication Fund Series, 1868, pp. 1-176. New 
York, 1868. 

Chandler, Peleg Whitman. American criminal trials. 2 vols. 
Boston, etc., 1841-1844. 

Channing, Edward. A history of the United States [1000-1760]. 
2 vols. New York, etc., 1905-1908. [Continued.] 

The navigation laws. American Antiquarian Society, Pro- 
ceedings, New Series, vi. 160-179. Worcester, 1890. 

Charlevoix, Pierre Fr.a.ncois Xavier de. History and general 
description of New France. Translated by John Gilmary 
Shea. 6 vols. New York, 1868-1872. 

Church, Thomas. The history of Philip's war . . . also of the 
French and Indian wars at the eastward. Edited by Samuel 
G. Drake. Exeter, N.H., 1829. 

Connecticut. [The Moheagan Indians against the Governor and 
Company of Connecticut and others. The case of the re- 
spondents the Governor and Company of Connecticut. The 
case of the respondents the land holders. To be heard before 

the right honorable the lords of the Privy Council, the 

day of 1770- No title page. 



The public records of the colony of Connecticut [1636-1776]. 

Edited by J. Hammond Trumbull. 15 vols. Hartford, 1850- 

1890. 
CuTTS, John. Letters of Lord John Cutts to Joseph Dudley, 

1693-1700. Edited by R. C. Winthrop. Massachusetts 

.Historical Society, Proceedings, 2d Series, ii. 173-192. Boston, 

1886. 
[Danforth, Thomas, and others.] Charges against Andros and 



224 THE PUBLIC LIFE OF JOSEPH DUDLEY 

others. Ms. in Massachusetts Archives, xxxv. 255. Printed 
in Andros Tracts, i. 149-173. Boston, i868. 

Davis, Andrew McFarland. Currency and banking in the 
province of the Massachusetts Bay. 2 pts. : i. Currency ; 
ii, Banking. American Economic Association, Publications, 
3d Series, Vol. i. No. 4; Vol. ii. No. 2. New York, etc., 
1900-1901. 

Tracts relating to the currency of the Massachusetts Bay, 

1682-1720. Boston, etc., 1902. 

Douglas, Charles H. J. The financial history of Massachusetts, 
from the organization of the Massachusetts-Bay Company 
to the American Revolution. Columbia University, Studies 
in History, Economics, and Public Law. Vol. i. No. 4. 
New York, 1892. 

Douglass, William. A discourse concerning the currencies of 
the British plantations in America, especially with regard to 
their paper money more particularly, in relation to the prov- 
ince of the Massachusetts-Bay, in New England. Boston, 
1740; reprinted by C. J. Bullock in American Economic Asso- 
ciation, Economic Studies, Vol. ii. No. 5. New York, etc., 
1897. 

Doyle, John Andrew. Enghsh colonies in America. 5 vols. 
New York, 1889-1907. 

Dudley, Dean. History of the Dudley family. Montrose, Mass., 
1894 [1886-1894]. 

Dudley, Joseph. Letter to Increase and Cotton Mather. Massa- 
chusetts-Historical Society, Collections, ist Series, iii. 135-137. 
Boston, 1794. 

Dudley, Paul. Objections to the bank of credit lately projected 
at Boston. Being a letter upon that occasion, to John Burril, 
Esq. ; speaker to the House of Representatives for the prov- 
ince of the Massachusetts-Bay in New-England. Boston, 
1 7 14; reprinted in Davis's Tracts relating to the Currency of 
the Massachusetts Bay, 85-110. Boston, etc., 1902. 

Dudley Records. See Massachusetts (Council Records). 

Felt, Joseph Barlow. An historical account of Massachusetts 
currency. Boston, 1839. 



APPENDIX B 



225 



FooTE, Henry Wilder. Annals of King's Chapel. 2 vols. 
Boston, 1882-1896. 

Fry, William Henry. New Hampshire as a royal province. 
Columbia University, Studies in History, Economics, and Pub- 
lic Law, Vol. xxix. No. 2. New York, etc., 1908, 

GooDRiCK, A. T. S. See Toppan, R. N. 

Great Britain. British Museum, Sloane collection of manu- 
scripts. 

Calendar of state papers. Colonial Series, America and West 

Indies, 1 574-1699. Edited by W. N. Sainsbury and others. 
12 vols. London, 1 860-1 908. 

Calendar of state papers. Domestic Series, 1660-167 7 

(Charles II). Edited by M. A. E. Green and others. 18 vols. 
London, 1860-1909. — Domestic series, 1689-1695 (William 
III). Edited by W. J. Hardy. 6 vols. London, 1895-1908. 

Calendar of treasury papers, 1557-1728. 6 vols. London, 

1868-1889. 

Privy Council Office, Register of the Privy Council (Ms.), 

Charles II, 17 vols. ; James II, pts. i-ii ; William III, 6 vols. ; 
Anne, 6 vols. ; George I, 5 vols. 

Public Record Office, Board of Trade manuscripts, (i) Co- 
lonial entry books. New England. (2) Journals of the Board 
of Trade. (3) Original papers : (c) New England, {h) New 
York. 

Statutes of the realm. Edited by A. Luders, T. E. Tomlins, 



J. Raithby, and others. Record Commission. 11 vols. 
[London, 1810-1828.] 

Hawkins, Ernest. Historical notices of the missions of the 
Church of England in the North American colonies previous 
to the independence of the United States. London, 1845. 

HiNMAN, Royal Ralph. Letters from the English kings and 
queens ... to the governors of the colony of Connecticut, 
together with the answers thereto, 163 5-1 749. Hartford, 
1836. [Cited as Hinman's Antiquities.] 

Hutchinson, Thomas. The history of Massachusetts, from the 
first settlement thereof in 1628, until the year 1750. 3d 
edition. 2 vols. Boston, 1795. The history of the province 



226 THE PUBLIC LIFE OF JOSEPH DUDLEY 

of Massachusetts Bay, from the year 1750, until June, 1774. 
Vol. iii. London, 1828. 

LuTTRELL, Narcissus. A brief historical relation of state affairs 
from September, 1678, to April, 17 14. 6 vols. Oxford, 1859. 

Marvin, Abijah Perkins. The Hfe and times of Cotton Mather, 
D.D., F.R.S. ; or, a Boston minister of two centuries ago, 
1663-1728. Boston, etc. [1892]. 

Massachusetts. The acts and resolves, public and private, of 
the province of the Massachusetts Bay [1692-1780], to which 
are prefixed the charters of the province. 16 vols. Boston, 
1869-1909. 

Archives (Ms.), 273 vols. In the Massachusetts State House, 

Boston. 

A collection of the proceedings of the Great and General 

Court or Assembly of his majesty's province of the Massa- 
chusetts-Bay, in New-England ; containing several instruc- 
tions for fixing a salary on the governour, and their determina- 
tions thereon. As also the methods taken by the Court for 
supporting the several governours since the arrival of the 
present charter. Printed by order of the House of Represent- 
atives. Boston, 1729. 

The colonial laws of Massachusetts. Reprinted from the 

edition of 1672, with the supplements through 1686. Edited 
by William H. Whitmore. Boston, 1887. 

Council records (Ms.). In the Massachusetts State House, 

Boston. 

Council records under the administration of President Dud- 
ley, 1686. Edited by R. N. Toppan. Massachusetts His- 
torical Society, Proceedings, 2d Series, xiii. 222-286. Boston, 
1900. [Cited as "Dudley Records."] 

Records of the General Court of Massachusetts (Ms.). In 

the Massachusetts State House, Boston. 

Records of the Governor and Company of the Massachusetts 

Bay in New England [1628-1686]. Edited by Nathaniel B. 
Shurtleff. 5 vols. Boston, 1853-1854. 

Massachusetts Historical Society. Collections, 7 series, 66 
vols. Boston, 1 792-1907, [Continued.] 



APPENDIX B 227 

Lectures delivered in a course before the Lowell Institute, 

in Boston, by members of the Massachusetts Historical So- 
ciety, on subjects relating to the early history of Massachu- 
setts. Boston, 1869. 

• Proceedings [1791-1909]. 3 series, 42 vols. Boston, 1879- 

1909. [Continued.] 

Mather, Cotton. Diaries (Ms.). In the collection of the 
American Antiquarian Society, Worcester. 

Extract from his diary. Massachusetts Historical Society, 

Collections, ist Series, iii. 137-138. Boston, 1794. 

Magnalia Christi Americana : or, the ecclesiastical history of 

New-England. 2 vols. Hartford, 1820. 

Mather, Increase and Cotton. Letters to Joseph Dudley. 
Massachusetts Historical Society, Collections, ist Series, iii. 
126-134. Boston, 1794. 

New England Company. Some correspondence between the 
governors and treasurers of the New England Company in 
London and the commissioners of the United Colonies in 
America. [Edited by J. W. Ford.] London, 1897. 

New Hampshire. Laws of New Hampshire, including public and 
private acts and resolves and the royal commissions and in- 
structions, with historical and descriptive notes, and an 
appendix [1679-1702]. Edited by Albert Stillman Batchellor. 
2 vols. Manchester, N.H., 1904. [Continued.] 

• Provincial papers. Documents and records relating to the 

province of New Hampshire [1623-1776]. Edited by Na- 
thaniel Bouton. 7 vols. Concord, etc., 1867-1873. [Con- 
tinued.] 

New York. Documents relative to the colonial history of the 
state of New- York; procured in Holland, England, and 
France by John Romeyn Brodhead. Edited by E. B. O'Calla- 
ghan and Berthold Femow. 14 vols, and an index volume. 
Albany, 1853-1883. 

Journal of the legislative council [1691-1775]. 2 vols. Al- 
bany, 1 86 1. 

Journal of the votes and proceedings of the General Assem- 
bly [1691-1765]. 2 vols. New York, 1 764-1 766. 



228 THE PUBLIC LIFE OF JOSEPH DUDLEY 

New York Historical Society. Collections. Publication Fund 
Series, 1868. [Vol. i.] New York, 1868. 

Nova Scotia Historical Society, Collections. 14 vols. Hali- 
fax, 1879-1910. [Continued.] 

Osgood, Herbert Levi. The American colonies in the seven- 
teenth century. 3 vols. New York, etc., 1904-1907. 

Oxford University, England. Bodleian Library, Rawlinson 
manuscripts, A, C. 

Palfrey, John Gorham. History of New England. 5 vols. 
Boston, 1 858- 1 890. 

Parker, Joel. The first charter and the early religious legisla- 
tion of Massachusetts. Lectures delivered before the Lowell 
Institute by members of the Massachusetts Historical Society, 
357-439- Boston, 1869. 

Parkman, Francis. A half-century of conflict. 2 vols. Boston, 
1892. 

QuiNCY, JosiAH. The history of Harvard University. 2 vols. 
Cambridge, 1840. 

Rhode Island. Records of the colony of Rhode Island and 
Providence Plantations in New England [1636-1792]. Edited 
by John Russell Bartlett. 10 vols. Providence, 1856-1865. 

Savage, James. A genealogical dictionary of the first settlers of 
New England. 4 vols. Boston, 1860-1862. 

Sewall, Samuel. Diary [1674-1729]. 3 vols. Massachusetts 
Historical Society, Collections, 5th Series, Vols, v-vii. Boston, 
1878-1882. 

Letter-Book [1686-1761]. 2 vols. Ibid., 6th Series, Vols. 

i-ii. Boston, 1886-1888. 

Smith, William. The history of the late province of New York, 
from its discovery to . . . 1762. New York Historical So- 
ciety, Collections [ist Series], Vols. iv-v. 2 vols. New York, 
1829-1830. 

Society for the Propagation of the Gospel in Foreign 
Parts. Journals of the proceedings of the society (Ms.). 
57 vols. London. 

Letters and reports of the missionaries in the eighteenth cen- 
tury (Ms.). 26 vols. London. 



APPENDIX B 229 

Stephen, Leslie, and others. Dictionary of national biography. 
63 vols. ; supplement, 3 vols. ; Index and Epitome, i vol. 
London, etc., 1 885-1 903. 

Sumner, William Graham. A history of American currency. 
New York, 1874. 

TOPPAN, Robert Noxon. Edward Randolph; including his 
letters and official papers from the New England, middle, 
and southern colonies in America, with other documents 
relating chiefly to the vacating of the royal charter of the 
colony of Massachusetts Bay, 1676-1703. Prince Society. 
5 vols. Boston, 1898-1899. Vols, vi-vii (paged continuously), 
1678-1700. Edited by Alfred Thomas Scrope Goodrick. 
Boston, 1909. 

Trumbull, Benjamin. A complete history of Connecticut, civil 
and ecclesiastical, from the emigration of its first planters 
from England in 1630, to 1713. Vol. i. Hartford, 1797. 

Trumbull, J. H., and Green, Samuel S. Report of the coun- 
cil of the society and remarks on first essays at banking 
in New England. American Antiquarian Society, Proceed- 
ings, New Series, iii. 257-299. Worcester, 1885. 

Waters, Thomas Franklin. Ipswich in the Massachusetts Bay 
Colony, Ipswich, 1905. 

Weeden, William Babcock. Economic and Social History of 
New England, 1620-1789. 2 vols, (paged continuously). 
Boston, etc., 1891. 

Wendell, Barrett. Cotton Mather, the Puritan priest. New 
York [1891]. 

Whitmore, William Henry, editor. The Andros tracts. 3 vols. 
Boston, 1868-1874. 

WiNSOR, Justin, editor. The memorial history of Boston, 1630- 
1880. 4 vols. Boston, 1880-1881. 

Winthrop. The Winthrop papers. Pts. v-vi. Massachusetts 
Historical Society, Collections, 6th Series, Vols, iii, v. Boston, 
1889, 1892. 



INDEX 



Acadia, ioi, see also Port Royal. 

Addington, Isaac, secretary of Council, 
plans to supersede Dudley, ig4. 

Albany, merchants supply Indians with 
arms, 115; gives Dudley information 
concerning Indians, 130. 

Allen, Reverend John, marries widow of 
governor Thomas Dudley, 2. 

Allen, Samuel, becomes part proprietor of 
New Hampshire, 140. 

Allen, Thomas, suit against Waldron, 142, 
143 ; signs petition for Dudley's removal, 
182. 

Allyn, [Allen] John, secretary of Connecti- 
cut, added to Andros's Council, 41. 

Andros, Sir Edmund, Dudley's petition for 
land referred to, 37 ; commission, 40-42 ; 
character, 43-44 ; arrival at Boston, 44 ; 
Council, 44 ; method of raising revenue, 
46-48; regulation of towns, 49-50; 
question of land titles, 50-51; deposed, 
52 ; policy, 55-56 ; defence of frontier, 
93~94; accused of furnishing arms to 
Indians, 115; mentioned, 29, 39, 60, 61, 
100, 134, i35> 153. 167. 

Anne, Queen of England, commissions 
from, to Dudley, as governor of the prov- 
ince of Massachusetts Bay, 75, 211 ; New 
Hampshire, 134; to command the forces 
of Rhode Island and Connecticut, 135 ; 
directions to the General Court, 95, 
96; proclamation concerning coins, 158; 
death, 193. 

Appleton, John, tried by Dudley, 48. 

Ashurst, Sir Henry, opposes Dudley in the 
reversal of the Leisler attainder, 67 ; 
opposes the appointment of Dudley, 74, 
75 ; defence of the charter of Coimecti- 
cut, 153-155; enmity to Dudley, 176; 
attempts to have Dudley removed, 181, 
1 91-193; letters to Winthrop, 144, 181, 
182; mentioned, 66, 68, 74, 90, 147. 

Ashurst, Sir William, elected agent for 
Massachusetts but declines, 191 ; won 
over to Dudley's party, 192; supports 
Dudley, 174, 198. 



Baptists, , prisoner, negotiations for, 

113, 114. 

Barbadoes, Queen's proclamation, 159. 

Bayard, Nicholas, member of Council for 
New York, 61, 62. 

Bellomont (Richard Coote), earl of, gov- 
ernor of New York and Massachu- 
setts, appointed governor of Massachu- 
setts, 69 ; death, 75 ; administration in 
Massachusetts, 79; mentioned, 73, 85, 
94, 95, 100, 134, 17s, 206. 

Bills of Credit, first issued in Massachu- 
setts, 159-160; during Dudley's adminis- 
tration, 161-164. 

Blackwell, John, plans for a bank, 166-168. 

Blathwayt, William, member of the Board 
of Trade, 6 ; clerk of the Privy Council, 
9 ; Dudley introduced to, 14 ; character, 
57-58; influential in drawing up charter 
for Massachusetts, 76; aids Dudley, 
58, 65, 67, 76, 85, 100; activity for Dud- 
ley, 180-181. 

Board of Trade, established, 6; instruc- 
tions to Dudley, 80, 81, 90, 93, 96, 97; 
recommendations concerning Connecti- 
cut and Rhode Island, 148, 149, 150; 
instructions to Usher, 137 ; investigates 
charges against Dudley, 184; Dudley's 
reports to, on military afiEairs, 87, 119; 
council, 88, 89; fortifications, 95; fail- 
ure at Port Royal, 123; trial of Vetch, 
132-133, note; abortive expedition of 
1709, 125-126; land titles in New 
Hampshire, 141 ; affairs in Connec- 
ticut and Rhode Island, 144, 148, 
150; Dudley's defence before, 187- 
188. 

Boston, town meeting condemns Dudley, 
17; castle at, 30, 106, 107; mentioned, 
3, 24, 44, 68, 75, 103, 105, 112, 124, 125, 
127, 128, 170, 193, 200. 

Bourland, John, tried for illegal trade, 116, 
note, 184. 

Boyne, battle of, 65. 

Bradstreet, Anne, sister of Joseph Dud- 
ley, 3- 



231 



232 



INDEX 



Bradstreet, Simon, marries Anne Dudley, 
3 ; praised by Randolph, lo ; letter from 
Dudley concerning quo warranto, 15 ; 
condemned by Boston town-meeting, 17 ; 
named one of Dudley's council, 1686, 28 ; 
declined, 28, note; letter to Dudley 
advising him to go to prison, 52-53. 

Bulkley, Peter, chosen agent to England, 
11; instructions to, 11-12; condemned 
by Boston meeting, 17; member of 
Dudley's council, 1686, 29; member of 
Andres's council, 44, 45. 

Burgess, Elizeus, appointed governor of 
Massachusetts, 174; mentioned, 199. 

Burril, John, speaker of House of Repre- 
sentatives, pamphlet addressed to Paul 
by Dudley, 172-173. 

Cambridge Common, Randolph petitions 
for, 50. 

Canada, plans to conquer, loi, 105, 119, 
124; war parties from, 102 ; mentioned, 
109, 115, 131, 160. 

Canterbury, archbishop of (William San- 
croft), letter from Randolph concerning 
Dudley, 33-34- 

Casco, conference with Indians at, 108. 

Casco Bay, treaty of, 109; expedition re- 
tires to, 122. 

Castine, Church expedition conquers, iii. 

Chamberlayne, John, aids Dudley, 72, 180, 
188; character, 180. 

Champernowne, Francis, member of Dud- 
ley's council of 1686, 29. 

Charles I, King of England, appoints com- 
mittees of Privy Council for colonial 
trade, 5. 

Charles II, King of England, appoints 
Lords of Trade, 6 ; plans for Maine, 1 2 ; 
agents attempt to bribe, 15 ; proceedings 
against charter of the Massachusetts 
Bay Company, 12; death, 24. 

Charles II, King of Spain, death of, 100. 

Church, Benjamin, expedition against Port 
Royal, 110-112; mentioned, 119. 

Church of England, members to be toler- 
ated in Massachusetts, 30; establish- 
ment of services of, 32-34; Dudley 
conforms to, 66 ; missionaries of, 81 . 

Commission of 1664, to investigate the 
conduct of Massachusetts, 8, 10. 

Connecticut, joined to jurisdiction of An- 
dros, 41 ; opposes plans of Privy Council, 
68; government of, 77, 78, 88; refuses 
aid asked for by Dudley, 120; Dudley 
given command of troops, 135 ; Dudley's I 



military policy offends, 139, 140; gives 
aid to Massachusetts, 143, 144; objects 
to Dudley's command of troops, 145 ; 
Mohegan Indian case, 146-147 ; attack 
on charter of, 151-155; mentioned, 29, 
80, loi, no, 134, 143, 176, 192, 206. 

Cooke, Elisha, leader of the party opposed 
to Dudley, 14, 81, 82, 178, 187; agent 
for Massachusetts, 57, 76, 77 ; opposes 
the Mathers, 74; refused admission to 
governor's council, 8g. 

Cornbury (Edward Hyde), Lord, opposes 
Dudley's plan for utiUzing the Iroquois, 
103, note; warns Dudley of impending 
Indian raids, 109 ; governor of New 
York, 134; conciliated by Dudley, 153; 
suggested as governor for Massachusetts, 
181, note. 

Council for the Territory and Dominion of 
New England (Dudley's council of 1686), 
established, 27, 28; powers of, 29, 30; 
address to the king and letter to the 
Lords of Trade, 32; activity of, 31-33; 

Court of Assistants, Dudley elected mem- 
ber of, 3 ; character of, 5 ; Randolph 
on, 10; Dudley dropped from, 18, 25; 
compared with Dudley's council, 30; 
mentioned, 29, 30. 

Courtemanche, Sieur de, negotiates for ex- 
change of prisoners, 113-114. 

Cox, Daniel, partner of Dudley and Stough- 
ton, 58 ; ofifers to make Dudley deputy- 
governor of West New Jersey, 59. 

Cranston, Samuel, governor of Rhode Is- 
land, opposes Dudley's taking command 
of the militia, 148; commissions priva- 
teers, 150. 

Cutts, John, baron, patron of Dudley, 65, 
67, 180; appoints Dudley deputy-gover- 
nor of Isle of Wight, 69 ; letters to Dud- 
ley, 70, 7 1 ; urges Dudley's appointment, 
75. 100. 

Danforth, Thomas, member of party 
opposed to Dudley, 14, 22 ;° removed from 
office, 30; mentioned, 26, 36, 52. 

Deerfield, attacked, 109. 

Dellius, Reverend Godfrey, missionary, 73, 
75- 

Denison, Daniel, major-general, marries 
Patience Dudley, 3 ; Randolph's opin- 
ion of, 10. 

Devonshire (William Cavendish) duke of, 
opposes Dudley, 192. 

Dongan, Thomas, resigns as governor of 
New York, 41 ; mentioned, 60, 61. 



INDEX 



233 



Dorchester, 40 . 

Dudley, Joseph, birth and early training, 
2 ; graduated from Harvard, 2 ; freeman 
of the Massachusetts Bay Company, 2 ; 
representative to the General Court, 2; 
part in "King Philip's War," 2; mem- 
ber of the Court of Assistants, 3 ; dropped 
from Court of Assistants, 18, 24; com- 
missioner of the United Colonies, 3 ; 
activity in General Court, 3 ; agent to 
England, 13-15; condemned by Bos- 
ton town meeting, 17-18; letter to Sir 
Leoline Jenkins, 19; president of the 
council for the Territory and Dominion 
of New England, 21, 24, 25, 26; inaugu- 
ration, 26; commission, 27, 28; address 
to council, 30; activity as president, 31- 
32 ; petitions for land in New Hampshire, 
37 ; Randolph's accusations against, 
31. 33, 35. 36, 37; compared with 
Stoughton, 38; member of Andros's 
council, 44, 45 ; chief justice, 45 ; censor 
of the press, 45 ; attitude on the question 
of raising revenue, 46-47 ; attitude on 
land titles, 50; trial of Wise, 48; ex- 
periences in the revolution of 1689, 52- 
53 ; charges against, 53-55 ; defence, 55 ; 
member of the council for New York, 
58-60; commissioned as deputy -gov- 
ernor of West New Jersey, 59 ; Indian 
commissioner, 60 ; trial of Leisler, 62-64 ; 
returns to New England, 64-65 ; goes to 
London, 65 ; deputy-governor of the 
Isle of Wight, 66, 69-71; attacks gov- 
ernor Phips, 66-67 ; appears before com- 
mittee of Parliament, 67 ; member of 
Parhament, 71; Hfe in London, 71-74; 
reconciled with the Mathers, 74-75; 
commissioned governor of Massachu- 
setts, 75; instructions, 80; voyage to 
Massachusetts, 81 ; reception, 82 ; first 
address to General Court, 86; relations 
with General Court, 85-87, 97-99; rela- 
tions with council, 88-89 ; report con- 
cerning council, 90; relations with the 
House of Representatives, 91-93 ; ques- 
tion of the speakership, 92-93 ; question 
of fortifications, 93-95 ; question of 
salary, 95-97 ; relations with Iroquois, 
102-104; military policy, 105-108; 
plans for the defence of Deerfield, 109; 
Church's expedition against Port Royal, 
1 1 i-i 1 2 ; negotiations with Vaudreuil 
for exchange of prisoners, 11 3-1 15 ; trial 
of Vetch and his accomplices for illegal 



trade, 116-119; unsuccessful expedition 
against Port Royal, 1707, 120-123 ; abor- 
tive expedition against Port Royal, 1709, 
123-125; capture of Port Royal, 126- 
127; expedition against Quebec, 127- 
128; plans to control the Indians, 129- 
132 ; report to Board of Trade on trial of 
Vetch, 132-133, note; relations with 
lieutenant-governor Usher of New 
Hampshire, 135-137 ; miUtary plans for 
New Hampshire, 138-140; question of 
land titles in New Hampshire, 140-142 ; 
asks aid from Connecticut, 143-144 ; de- 
mands command of troops of Connecti- 
cut, 145 ; Mohegan Indian trial, 146- 
147; demands command of the Rhode 
Island miUtia, 147-148; asks aid from 
Rhode Island, 148, 149; attempts to 
enforce the trade laws, 149-150; repre- 
sentations to Board of Trade concerning 
Connecticut and Rhode Island, 151 ; 
attempts to repeal the charters of Rhode 
Island and Connecticut, 152-155; pub- 
lishes the queen's proclamation concern- 
ing the value of coins, 158-159; ad- 
dresses to the General Court on ques- 
tion of retiring bills of credit, 162-164; 
early attitude on banking, 165-167; op- 
poses the Land Bank party, 170-174; 
arouses hostility of Land Bank Party, 
174; removed from oflBce, 174; oppo- 
nents, 176-179; supporters, 179-181; 
attempts to remove in 1702, 181 ; in 
1707, the Higginson petition, 182; 
charges against in "A Memorial of the 
Present Deplorable State of New Eng- 
land," 183 ; resolutions of the General 
Court in vindication of, 184, 186; reso- 
lutions of the council, 185; attacked in 
the second memorial on the "Present 
Deplorable State of New England," 
186; defence in England, 187-188; "A 
Modest Inquiry into the Grounds and 
Occasions of a Late Pamphlet intitled 
'A Memorial of the Present Deplorable 
State of New England,' " 1 88 ; letters from 
Increase and Cotton Mather, 189 ; reply, 
189-190 ; wins over Sir Charles Hobby, 
191 ; attempts to remove, 192-193 ; 
removal by the Massachusetts council, 
193-195, "The Case of his Excellency," 
196-197 ; restored, 197 ; influence after 
removal, 199-200; death, 200; will, 
201-203 ; character, i, 15, 23, 24, 37, 
56, 128-129, 155-156, 204-210. 



234 



INDEX 



Dudley, Paul, in London, 73, 85 ; memorial 
against the Land Bank party, 171 ; pam- 
phlet against the Land Bank party, 
172-173; plans for rewarding, 199; re- 
membered in his father's will, 201. 

Dudley, Thomas, governor, 2, 205. 

Dudley, Thomas, 31. 

Dudley, William, messenger to Vaudreuil, 
los, 114, 115; letter concerning retreat 
from Port Royal, 122; removed from 
office by council, 196; remembered in 
his father's will, 201-202. 

Dummer, Jeremiah, opposes Land Bank 
party, 173, 198; buys off Burgess, 174; 
elected agent for Massachusetts, 192. 

Dummer, William, lieutenant-governor of 
Massachusetts, 200. 

England, attitude of colonists toward, 4; 
control of colonies by, 5-8, 40-43, 175, 
205-206; Dudley in, 15-17, 53-55, 65- 
75, 208; war with France, 93, 97, 
100-102, 160; aid from, 105, 119, 123- 
125, 126, 127; Land Bank party appeals 
to, 173, 174; Dudley's supporters in, 
180-181. 

Fletcher, Benjamin, governor of New 
York, reports Dudley "very unaccept- 
able to the people," 60 ; removes Dudley 
from the council of New York, 64 ; corre- 
sponds with Dudley, 64, 65 ; experiences 
in Connecticut, 145. 

France, war with England, see England. 

French, policy in regard to neutrality of 
Indians, 102-105. 

General Court of the Massachu- 
SErrs Bay Company, parties in, 2, 5, 14, 
25, 74; reply to Dudley, 27. 

George I, King of England, 138, 179, 
193- 

George III, King of England, 146. 

George, captain of frigate Rose, accused by 
Randolph, 36 ; seized during the Revolu- 
tion of 1689, 52. 

Gidney, Bartholomew, member of Dudley's 
council, 1686, 29. 

Gold, John, arrested and tried by Dudley, 
35- 

Gordon, Reverend Patrick, missionary on 
voyage with Dudley, 81. 

Gorges, Sir Ferdinando, proprietor of 
Maine, 10; claims upheld by judges, 12 ; 
rights purchased from, 136. 

Grand Pre, Church expedition retreats to, 
III. 

Habtfosd, Audros holds council at, 41. 



Harvard college, Dudley graduated from, 2 ; 
Randolph asserts colonists plan to make 
Morton president|of , 34 ; scholarships for, 
170; Leverett elected president of , 177. 

Hicks, Thomas, member of Dudley's 
council, 1686, 29. 

Higginson, Nathaniel, signs petition against 
Dudley, 182; the Higginson petition, 
182, 185. 

Hill, "Jack," commander of expedition 
against Quebec, 127, 128. 

Hilton, Winthrop, nephew of Dudley, 
colonel in New Hampshire, 139. 

Hinckley, Thomas, recommends Dudley to 
Blathwayt, 14; member of Andros's 
council, 47. 

Hinks, John, signs Higginson petition, 182. 

Hobby, Sir Charles, Ashurst's candidate 
against Dudley, 191 ; won over to Dud- 
ley, 191, 192. 

Holt, Sir John, opinion concerning com- 
mand of miUtia in charter colonies, 152. 

House of Commons, Leisler bill in, 67 ; 
copied by colonial assemblies, 82. 

House of Lords, Leisler bill in, 67 ; bills 
introduced to repeal charters of Con- 
necticut and Rhode Island, 152, 154. 

Hutchinson, Elisha, opposes Dudley, 14. 

Hutchinson, Thomas, on coins in Massa- 
chusetts, 157. 

Hyde, Lawrence, earl of Rochester, agents 
attempt to bribe, 15. 

Indl^ns, attacks, 109; Connecticut In- 
dians, no; Dudley Indian commissioner, 

60, 75 ; Indian neutrality, 104-105, 107- 
108; Maine, 31, 110-112, 129-132; 
Mohegans, 129, 146; New England, 115 ; 
New Hampshire, 31; New York, 102; 
Nipmucks, Dudley's influence over, 130; 
Pequots, 146. 

Ingoldsby, Richard, deputy-governor of 
New York, trouble with Leisler, 62, 63. 

Ipswich, 48. 

Iroquois, neutraUty of, 102, 103 ; to join 
Nicholson, 125. 

Isle of Wight, Dudley deputy-governor of, 
57. 69-71 ; Cutts governor of, 66; Dud- 
ley's administration of, 75. 

James I, king of England, appoints com- 
mittee of Privy Council for colonial 
aSairs, 5. 

James II, king of England, accession, 24; 
letter of council for Massachusetts to, 
32 ; letter to Andros, 47 ; mentioned, 57, 

61, 152, 207. 



INDEX 



235 



Jenkins, Sir Leoline, Randolph warns con- 
cerning Dudley, 14 ; Randolph proposes 
plan for settlement of New England to, 
21 ; Dudley explains attitude of colonists 
to, 19 ; Dudley uses his influence, 23. 

Jesuit, priests in Maine, 107. 

K^iTH, Reverend George, missionary 
accompanying Dudley, 81. 

King's Province, the, represented in Dud- 
ley's council, 1 686, by Fitz- John Ulnthrop, 
29; Dudley visits and organizes, 31. 

Kirke, Colonel Piercey, Randolph opposes 
appointment as governor of Massachu- 
setts, 21, 23 ; preUminary drafts of com- 
mission and instructions for, 24; Dud- 
ley substituted for, 43. 

Land Bank, early attempts to found, 164- 
167 ; attempts in Dudley's administra- 
tion, 167-174; Land Bank party op- 
posed to Dudley, 179; Dudley's opposi- 
tion to, 194, 198. 

Leeds (Thomas Osborne), duke of, pledged 
to Dudley's support, 67. 

Leisler, Jacob, trial of, 60-64; reversal of 
attainder against, 67 ; Dudley appears 
at hearing in Parliament on reversal of 
attainder, 67 ; Dudley's part in trial dis- 
approved of, 81, 189. 

Leverett, John, president of Harvard Col- 
lege, 177, 185. 

Livingstone, Robert, Cornbury objects to, 
103; Vetch marries daughter of, 123; 
trade with Indians, 185. 

London (Henry Compton), bishop of, 
Randolph on Dudley to, 14; Ratcliffe 
sent to Boston by, zi ', patron of Dudley, 
180; Dudley sends "judicious letters" 
to, 181. 

London, city of, Dudley arrives at, 53, 65, 
66 ; Paul Dudley joins father in, 73 ; 
colonists resident in favor of Dudley, 
75- 

Long Island, Dudley holding court at time 
of Revolution of 1689, 52 ; English settle- 
ments on, 61. 

Lords of Trade, established, 6 ; proprie- 
tors of Maine and New Hampshire 
appeal to, 10; report on Massachusetts, 
1 1 ; demand agents from Massachusetts, 
13 ; order quo warranto proceedings against 
Massachusetts, 17 ; letter from Dudley's 
council, 1686, to, 32 ; Dudley's defence 
before, 55 ; Blathwayt member of, 57 ; 
Fletcher reports on Dudley to, 60 ; re- 
port to Privy Council on question of con- 



solidation of colonies, 68 ; policy of, 7, 8, 
40. 43- 

Louis XIV, king of France, 100. 

Maine, rights exercised by Massachusetts 
in, 7, 8, 10 ; colonial agents sent to Eng- 
land concerning, 11 ; purchase of, 12, 14; 
Massachusetts plans to surrender, 17 ; 
united with Massachusetts, 28; repre- 
sentatives from, 29; Randolph sells of- 
fices in, 3 1 ; joined with Massachusetts, 
77 ; responsibility of Massachusetts for, 
102 ; the French attacks in, 103 ; de- 
fence of, 139. 

March, John, commander of expedition 
against Port Royal, 1707, 121, 122. 

Marlborough (John Churchill), duke of, 
Cutts recommends Dudley to, 75, 100. 

Martindale, Isaac, Major, commander of 
militia of Rhode Island, 148. 

Maryland, attorney-general Holt's opinion 
on charter, 152. 

Mason, John, Captain, proprietor of New 
Hampshire, 8 ; efforts to colonize New 
Hampshire, 10; claims to New Hamp- 
shire, 12, 140. 

Mason, John, Major (Coimecticut), 146. 

Mason, Robert, member of Dudley's 
council, 1686, a. 

Massachusetts Bay Colony, material con- 
dition of, 1,4; political condition of, 3-5 ; 
commission to investigate, 8; claims to 
Maine and New Hampshire, 10; agents 
of, lo-ii; instructions to agents, 12, 
16-17; charter annulled, 20; plans for 
government of, 24 ; Maine, New Hamp- 
shire, King's Province added to, 28; 
Connecticut, Rhode Island, New Plym- 
outh, New York, and New Jersey 
added to, 40-42 ; news of landing of 
WiUiam of Orange reaches, 5 1 ; Revolu- 
tion in, 51-53; favors plans of Lords of 
Trade to consolidate colonies, 68 ; finan- 
cial legislation of, 157-160. 

Massachusetts Bay Company, Dudley 
made freeman of, 2 ; charter revoked, 20, 
22, 28; reply to Dudley, 28. 

Massachusetts Bay Province, charter of, 
77; government of, 77-88; feeling tow- 
ard Dudley, 81-82 ; defence of frontier, 
93-94 ; salary question, 95-97 ; military 
problems, 100-105, 139-140; jealousies 
in, 175; favorable addresses for Dudley, 
183 ; General Court of, 77-79, 82, 85, 87, 
96 ; Dudley's influence with, 97-99 ; 
votes expedition against Port Royal, 1 10 ; 



236 



INDEX 



trial of Vetch, 1 16-1 19; activity in mili- 
tary affairs, 125, 126, 128; disapproves of 
Dudley's Indian policy, 1 30-1 31 ; issues 
bills of credit, 159. Council of, 77; 
Dudley's relations with, 88-91 ; removes 
Dudley, 193-195; governs Massachu- 
setts, 195-197. House of Representatives 
of, 77, 84; Dudley's control of, 91-93; 
attitude on bills of credit, 161-164. 

Mather, Cotton, on Massachusetts agents, 
13 ; Dudley's letter of defence concern- 
ing his administration of 1686 to, 53 ; 
Dudley reconciled with, 74 ; recommends 
Dudley for governor, 75 ; opposed to 
Cooke, 82 ; blames Dudley for failure of 
expedition against Port Royal, 112; ac- 
cuses Dudley of connivance with illegal 
trade, 119 ; opposed to Dudley, 176-177 ; 
reputed author of "A Memorial on the 
Deplorable State of New England," 183 ; 
letter accusing Dudley, 184. 

Mather, Increase, letter from Richards on 
difficulties of agents, 1 5 ; opposed to 
Dudley, 17; Dudley seeks advice from, 
26 ; Constantine Phipps to, 68 ; desires 
to be colonial agent, 74; attitude tow- 
ard new charter, 77 ; advice to William 
III, 79 ; opposed to Cooke, 82 ; opposed 
to Dudley, 176-177. 

Mohegan Indians, 129. 

Mompresson, Roger (chief justice of New 
Jersey), opinion of Rhode Island, 149. 

Monmouth (James Fitz-Roy), duke of, 
plans for a province for, 12 ; rebellion, 24. 

Morton, , suggested as president for 

Harvard college, 34. 

Nahant Neck, Randolph petitions for, 50. 

Narragansett Country, Dudley organizes 
government in, 31-32. 

Navigation Laws, 7, 81. 

New Castle, fort at, 139. 

New England, united colonies of, 3, 43 ; 
Dudley's council for, 27-30; dominion 
of, 40-42, 134; Dudley's plans for de- 
fence of, 97, 105-108. 

New Hampshire, Massachusetts claims to, 
7, 8 ; defence of Massachusetts conduct 
in, II ; judges decide Massachusetts has 
no claim to, 12; united to Massachu- 
setts, 28; Randolph sells offices in, 31; 
Lords of Trade recommend consolidation 
with other colonies, 68; separate royal 
province, 77 ; Dudley commissioned 
governor of, 79; ordered to fortify 
posts, 94; Massachusetts to aid, no; 



Dudley popular in, 135-138; Usher's 
career in, 135-136; defence of, 138-140; 
question of land titles in, 140-143 ; party 
opposed to Dudley signs Higginson peti- 
tion, 182; addresses favorable to Dud- 
ley from, 183. 

New Jersey, added to the dominion of New 
England, 41. 

New London, military conference at, 128. 

Newman, Henry, Dudley's candidate for 
agent from Massachusetts, 192. 

New Plymouth, boundary dispute with 
Massachusetts, 3 ; added to dominion of 
New England, 29; added to Massachu- 
setts, 77. 

Newport, Isle of Wight, 69. 

Newport, Rhode Island, 148. 

Newton, Isle of Wight, Dudley elected 
member of Parliament from, 71. 

New York, added to the dominion of New 
England, 29, 41 ; Andros's career as 
governor of, 43-44 ; Sloughter governor of, 
57 ; Dudley in council of, 58-59 ; Leisler's 
rebellion in, 61-64 ; development of con- 
stitution of, 83-84 ; defence of, 101, 102, 
103 ; separated from Massachusetts 
under Cornbury, 134. 

Nicholson, Francis, governor of New York, 
60, 61 ; expedition against Port Royal, 
124, 125, 128. 

Nipmuck Indians, Dudley's influence over, 
130. 

Northey, Edward, attorney-general, opin- 
ion on ownership of land in New Hamp- 
shire, 140; opinion on power of Massa- 
chusetts council to depose Dudley, 197. 

Nottingham (Daniel Finch), earl of, secre- 
tary of state, Mompresson on Rhode 
Island to, 149; Dudley conciliates, 181. 

Nova Scotia, plans to conquer, 119. 

Nowell, Samuel, letter to Richards on diffi- 
culties of agents, 16; member of party 
opposed to Dudley, 17, 22. 

Oakes, Thomas, Dudley opposes as 
speaker of the Massachusetts House of 
Representatives, 92-93. 

Paige, Nicholas, signs Dudley's bond for 
release, 52. 

Paige, Mrs. Nicholas, niece of Dudley, 
house wrecked time of Revolution, 52. 

Parliament, colonial policy of, 5 ; Leisler 
bill in, 66; Dudley member of, 71, 180; 
colonial assemblies copy, 82-83; bill to 
revoke charters of Connecticut and 
Rhode Island in, 1 51-152. 



INDEX 



237 



Partridge, Richard, signs petition against 
Dudley, 182. 

Partridge, William, signs petition against 
Dudley, 182, 183. 

Pemaquid, fortifications at, 93, 94; Dud- 
ley visits, 106 ; Dudley fails to get appro- 
priation for rebuilding fort at, 107. 

Penn, William, aids Rhode Island, 155. 

Philip, "King " War, 2, iii ; Dudlej' com- 
missioner in war, 2, 129. 

Phillips, Reverend , 25. 

Phillipse, Frederick, member of council of 
New York, 61. 

Phipps, Constantine, agent for Massachu- 
setts, opposes Dudley, 67, 68; Dudley 
wins to his side, 74. 

Phips, Sir William, governor of Massachu- 
setts, difficulties, 64, 65, 79, 85 ; Dudley 
tries to succeed, 66, 176; Dudley has 
arrested, 67 ; builds fort at Pemaquid, 
94 ; fails to get a fixed salary, 94 ; gains 
Port Royal, loi ; fails at Quebec, 159; 
accepts bills of credit, 160. 

Piscataqua, fort at, 93, 106. 

Pontchartrain, Jerome Phelypeaux, Comte 
de, Indian policy of, 105. 

Portland (William Bentinck), earl of, 
patron of Dudley, 67. 

Port Royal, French possession of, threatens 
Massachusetts, 84, loi, 102 ; Church 
expedition against, 110-112; expedition 
of 1707 against, 120-123; expedition of 
1709 against, 123-125; capture of, 126- 
127. 

Portsmouth, fort at, 139. 

Privy Council, committees appointed for 
colonial afi'airs, 5, 6, see also Lords of 
Trade and Board of Trade; considers 
consolidation of the colonies, 68 ; orders 
a new trial of Vetch, 118; hearings on 
Connecticut and Rhode Island charters, 
153-154; hears and dismisses charges 
against Dudley, 184-189. 

Pyncheon, John, member of Dudley's coun- 
cil, 1686, 29. 

Quakers, in Rhode Island, 147, 155; op- 
poses Dudley in his command of the mili- 
tia, 148. 

Quarry, Robert, opinion of Massachusetts 
council, 90; advice concerning coinage, 
158 ; accusations of illegal trade, 184, 185. 

Quebec, Phips' expedition against, 64, 79, 
159; policy of government at, 103; 
Vetch sent as messenger to, 114; expedi- 
tion against, 159. 



Quo warranto proceedings, against Massa- 
chusetts, 15-16, 21 ; against Connecticut, 
29, 41 ; against Rhode Island, 29, 41. 

Randolph, Edward, messenger to Massa- 
chusetts, 8 ; report on Massachu- 
setts, 9-10, 13 ; opinion of Dudley 
and Richards, 14; plans government for 
Massachusetts with Dudley, 18, 25; 
urges Dudley's appointment, 21 ; serves 
notke of quo warranto proceedings on 
Connecticut and Rhode Island, 29, 41 ; 
complaints of, 32, 36-37; aids RatclLffe 
in establishing King's Chapel, 33-34; 
member of Andros's council, 44; at- 
tempts to influence Blathwayt against 
Dudley, 58. 

RatcUffe, Robert, first rector of King's 
Chapel, iz- 

Rawson, Edward, signs address of General 
Court criticising Dudley's commission, 
27; refuses to surrender records of Gen- 
eral Court, 35. 

Redknap, John, engineer on expedition 
against Port Royal, 121, 122. 

Rhode Island, quo warranto proceedings 
against, 29, 41 ; submits to Andros, 41 ; 
government of, 78, 88 ; military position 
of, loi ; Dudley receives command of 
militia, 135 ; objects to Dudley's com- 
mission, 148; Dudley's complaints 
concerning, 148, 149; Dudley's difficul- 
ties in enforcing the trade laws in, 149- 
150; attempt to revoke charter of, 

151-155- 

Richards, John, chosen agent of Massachu- 
setts, 13; Randolph's opinion of, 14; 
complains concerning dlflaculties of posi- 
tion, 15, 16; opposes Dudley, 18. 

Rochester, town named by Dudley allows 
him to take command of militia, 148. 

Romer, Wolfgang William, engineer ap- 
pointed to rebuild fortifications, 106. 

Rouse, William, abuses Dudley's permission 
to trade with Indians, 187. 

Roxbury, 3, 25, 64, 200. 

Ryswick, peace of, 102, 120. 

Saltonstall, Nathaniel, member of 
Dudley's council, 1686, 29. 

Savage, Thomas, "King Philip's War," 2. 

Sawyer, Sir Robert, advises scire facias 
against Massachusetts, 20. 

Scire facias, proceedings against Massachu- 
setts, 20, 20, note. 

Sergeant, Peter, Dudley disallows election 
of, 89; Dudley allows admission of, 90. 



238 



INDEX 



Sewall, Samuel, advises submission to 
Dudley'commission of 1686, 26; peti- 
tions for patent for land, 51 ; member of 
House committee on question of speaker, 
93; position in trial of Vetch, 11 7-1 18; 
opinion as to bills of credit, 159; with- 
draws vote of vindication for governor, 
190; hostility to Dudley, 177-178; con- 
ferences with Dudley over question of 
removal, 194-195. 

Shrimpton, Samuel, signs Dudley's bail 
bond, 52. 

Shute, Samuel, appointed governor of 
Massachusetts, 174; arrival, 199. 

Sidney (Henry), earl of Romney, patron of 
Dudley, 67. 

Sloughter, Henry, governor of New York, 
urges Dudley's appointment, 58; Dud- 
ley loans money to, 60; part in Leisler 
trial, 62, 63. 

Society for the Propagation of Christian 
Knowledge, Chamberlayne a member of, 
72. 

Society for the Propagation of the Gospel 
in Foreign Parts, Dudley joins, 72 ; con- 
tributes paper to, 72 ; missionaries from, 
81. 

Southwell, Sir Robert, Randolph writes 
concerning Kirke, 21 ; Dudley appeals to, 
23 ; Randolph complains to concerning 
Dudley, 36. 

Speaker of the House of Representatives of 
the General Court, 92-93. 

Stanhope, James, urges the appointment of 
Burgess, 174, 198. 

St. Asaph, bishop of (William Lloyd), Ran- 
dolph writes to, 21 ; (Edward Jones) 
urges Dudley's appointment, 75. 

Steele, Sir Richard, secretary of Lord Cutts, 
correspondent of Dudley, 72. 

Stoddard, Reverend Solomon, urges use of 
dogs in Indian war, 109, note; signs a 
petition for Dudley's continuance, 188. 

Stoughton, William, agent for Massachu- 
setts, 1 1 ; instructions to, 1 2 ; condemned 
by Boston town meeting, 17 ; refuses to 
serve as Assistant, 25 ; member of Dud- 
ley's council, 1686, 28, 29; appointed 
judge by Dudley, 31; compared with 
Dudley, 38 ; member of Andros's council, 
44, 45, 47 ; obtains with Dudley and Cox 
a grant of land, 58 ; lieutenant-governor 
of Massachusetts, 64; Dudley regains 
influence over, 65, 66 ; joins with Dudley 
in projecting a bank, 166. 



Stuarts, colonial policy of, 6-9, 22-23, 28, 

40-41, 134. 

Sunderland (Charles Spencer), earl of, op- 
posed to Dudley, 192. 

Tailer, William, lieutenant-governor of 
Massachusetts, 199. 

Treat, Robert, governor of Connecticut, 
added to Andros's council, 41. 

Tyng, Edward, Dudley marries daughter of, 
3 ; member of Dudley's council, 1686, 28, 
29. 

Usher, John, lieutenant-governor of New 
Hampshire, 136-142; character of, 136- 
137 ; attitude on land question, 140-142 ; 
letters of Board of Trade to, 137. 

Van Cortlandt, Stephen, member of 
New York council, 61, 62. 

Vaudreuil, Philippe de Rigaud, Marquis of, 
negotiations concerning the exchange of 
prisoners, 105, 113, 114, 123. 

Vetch, Samuel, negotiations concerning the 
exchange of prisoners, 105, 114, 115; 
tried for illegal trade, 116-119, 184, 188; 
plans for expedition against Canada, 
123-125, 128. 

Waldron, Richard, sued by Allen in 
question of land titles, 140, 141. 

Walker, Sir Hovenden, commander of 
expedition against Port Royal, 127-128. 

Warwick (Robert Rich), earl of, governor- 
in-chief for the colonies, 5. 

Wells, attacked by Indians, 109. 

West New Jersey, Cox proprietor of, 58; 
Dudley commissioned deputy-governor 
of, 50- 

Weymouth (Thomas Thynne), viscount 
of, Dudley conciliates, 181. 

William III, King of England, appoints 
Board of Trade, 6 ; influence of declara- 
tion upon uprising in Massachusetts, 
51; approves of Leisler trial, 64; com- 
missions Dudley, 75, 100; appoints Sir 
WilUam Phips governor of Massachu- 
setts, 79 ; tacitly recognizes the govern- 
ments of Rhode Island and Connecticut, 

134- 

Winter Harbor, attacked by Indians, 109. 

Winthrop, Fitz-John, member of Dudley's 
council, 28, 29; refuses to give aid to 
Massachusetts, 120; controversy over 
troops and command of troops from Con- 
necticut, 143-145 ; letters from Ashurst 
concerning Dudley, 181-182. 

Winthrop, John, governor of Massachu- 
setts, 204, 205. 



INDEX 



239 



Winthrop, John (the younger), governor of 
Connecticut, ideas concerning a bank, 
165. 

Winthrop, Wait, member of Dudley's 
council, 28, 30 ; member of Andros's 
council, 44 ; prepares charges against 
Dudley and Andros, 54 ; joins with 
Dudley in projecting a bank, 166; 



hostility to Dudley, 177-178; men- 
tioned, 205. 

Wise, Reverend John, sentenced by Dud- 
ley, 48. 

Woodbridge, John, ideas concerning a bank, 
165. 

Worsley, Sir Robert, patron of Dudley, 
69. 



